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Posted by Anna on January 19, 2000 at 15:57:38:

In Reply to: Negotiated Vacation of Apartment? posted by Jenny on January 19, 2000 at 09:42:14:

: I posted a message last week after having receive a notice of default from my landlord.
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Which no one could answer because you gave no hint at what this "default"
might be. Landlords claim a lot of things are "defaults" that most of us know are not. Landlords also send threats of legal action hoping to scare the tenants out of their apartments, which works in a surprising number of cases. No one is being nosy asking you what the alleged "default" is. They were just trying to help.
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: After some discussion with him, he has proposed that we do not have to cure the default, but in exchange he wants us to agree to vacate the apartment by July 2001 (one more year's renewal). He also claims that he needs this to be done by stipulation in court in order to protect his rights (with respect to having given us notice of the default). Is this ever done? Is it necessary to enter anything with the court?
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Any agreement by a rent-regulated tenant to give up any rent-regulated right is null and void as a matter of law UNLESS it is done under the court's supervision and with an attorney for the tenants (there's a couple of exceptions). Your landlord is proposing a buyout: what is he offering you? (forgiveness of the default isn't enough: how much money has he offered? none? get a lawyer now)
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: The real situation is this: we're rent stabilized in a very high-end neighborhood in the city. given the market and how close we are to the $2000 destabilization threshhold, he wants us out in order to get the 20% vacancy increase and go destabilized.
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You're assuming this is the real reason? Maybe he plans to demolish the building: demolition creates the highest $$$$ buyuouts.
You moved in in 1995: it is not too late to file a rent overcharge complaint but you must do it before he registers the apt for 2000. Call DHCR, get a Rent History, do the math...
Get a lawyer, you can't afford not to.

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Comments:
: : I posted a message last week after having receive a notice of default from my landlord.  
: ***************

: Which no one could answer because you gave no hint at what this "default"
:  might be.  Landlords claim a lot of things are "defaults" that most of us know are not.  Landlords also send threats of legal action hoping to scare the tenants out of their apartments, which works in a surprising number of cases.  No one is being nosy asking you what the alleged "default" is.  They were just trying to help.
: ****************
: : After some discussion with him, he has proposed that we do not have to cure the default, but in exchange he wants us to agree to vacate the apartment by July 2001 (one more year's renewal).  He also claims that he needs this to be done by stipulation in court in order to protect his rights (with respect to having given us notice of the default).  Is this ever done?  Is it necessary to enter anything with the court?
: ****************

: Any agreement by a rent-regulated tenant to give up any rent-regulated right is null and void as a matter of law  UNLESS it is done under the court's supervision and with an attorney for the tenants (there's a couple of exceptions).  Your landlord is proposing a buyout: what is he offering you?  (forgiveness of the default isn't enough: how much money has he offered? none? get a lawyer now)
: ****************
: : The real situation is this: we're rent stabilized in a very high-end neighborhood in the city.  given the market and how close we are to the $2000 destabilization threshhold, he wants us out in order to get the 20% vacancy increase and go destabilized.  
: ****************
: You're assuming this is the real reason?  Maybe he plans to demolish the building: demolition creates the highest $$$$ buyuouts.
: You moved in in 1995: it is not too late to file a rent overcharge complaint but you must do it before he registers the apt for 2000.  Call DHCR, get a Rent History, do the math...
: Get a lawyer, you can't afford not to.


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