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Posted by Anna on March 31, 2000 at 13:40:24:

In Reply to: Re: Early termination of standard rent stabilized lease? posted by VRC on March 30, 2000 at 20:58:40:

: Thank you very much for your response. I apologize in advance for the following (very long) return post, and I appreciate your trying to help. I sent a certified letter to my landlord this afternoon terminating my lease and requesting her to apply my deposit toward the rent (before I read your response). Perhaps I should have waited....

Yes, waiting would have been a good idea: tenants can't just cancel their leases! Use the white search box here for 'break my lease' and you'll find prior messages about the 30-day notice you must give, the replacement you must find, etc. And be prepared to defend (constructive eviction, but many tenants live in much worse apts so good luck) against a non-payment or plenary lawsuit for the unpaid balance on your lease: take a lot of pictures, walk many potential witnesses throught the apt, call HPD & get and inspection for all the violations you wrote about, maybe even file an HP Action now. Use any of these terms in the Search box on TN's homepage for more info.

: By "awful at best" I mean the apartment has turned out to be less than I anticipated because of the hot water among other things. I am paying $1000.00, and the apartment is newly renovated with brand new everything (almost). I paid one month's security deposit and first month's rent as well as "the thirteenth month" rent. ($3000 altogether). My two-year lease has a "Concessional Rent Rider for Vacancy Lease" attached to it which states that "there is a concession amount of $50.00 over $1000 which is the preferential rent of the subject apartment."

Newly renovated? all these problems? landlord failed to repair/replace plumbing risers before fixing apt interior? Try this: you are probably being overcharged: if the stabilized rent was $500 before 'renovations', to get to $1000 today, the 'renovations' would have to cost about $16,000. ($500 = 20% vacancy allowance + $400. $400 = 1/40th of $16,000). Do you have all new tiles and tub and fixtures? Chances are it is just repairs and paint and new kitchen sink/stove/fridge/cabinets. Probability is that less than $6000 was spent.

Call DHCR ASAP 718.739.6400: request a Rent History. This will show the rents as registered by the landlord from 1984 to date. File an overcharge complaint now (or use it as a defense if you get sued). If true, you'll get a refund, maybe treble damages, and the satisfaction of doing a good deed for the next tenant.

Learn about all tenants rights and rent stabilized rights before you move into another apt: start here:

http://www.tenant.net/Rights/

http://www.dhcr.state.ny.us/ora/ora.htm

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Comments:
: : Thank you very much for your response.  I apologize in advance for the following (very long) return post, and I appreciate your trying to help.  I sent a certified letter to my landlord this afternoon terminating my lease and requesting her to apply my deposit toward the rent (before I read your response).  Perhaps I should have waited....

: Yes, waiting would have been a good idea: tenants can't just cancel their leases!  Use the white search box here for 'break my lease' and you'll find prior messages about the 30-day notice you must give, the replacement you must find, etc.  And be prepared to defend (constructive eviction, but many tenants live in much worse apts so good luck) against a non-payment or plenary lawsuit for the unpaid balance on your lease: take a lot of pictures, walk many potential witnesses throught the apt, call HPD & get and inspection for all the violations you wrote about, maybe even file an HP Action now.  Use any of these terms in the Search box on TN's homepage for more info.

: 
: : By "awful at best" I mean the apartment has turned out to be less than I anticipated because of the hot water among other things.  I am paying $1000.00, and the apartment is newly renovated with brand new everything (almost).  I paid one month's security deposit and first month's rent as well as "the thirteenth month" rent. ($3000 altogether).  My two-year lease has a "Concessional Rent Rider for Vacancy Lease" attached to it which states that "there is a concession amount of $50.00 over $1000 which is the preferential rent of the subject apartment."

: Newly renovated? all these problems? landlord failed to repair/replace plumbing risers before fixing apt interior?  Try this: you are probably being overcharged: if the stabilized rent was $500 before 'renovations', to get to $1000 today, the 'renovations' would have to cost about $16,000.  ($500 = 20% vacancy allowance + $400.  $400 = 1/40th of $16,000).  Do you have all new tiles and tub and fixtures?  Chances are it is just repairs and paint and new kitchen sink/stove/fridge/cabinets.  Probability is that less than $6000 was spent.

: Call DHCR ASAP 718.739.6400: request a Rent History.  This will show the rents as registered by the landlord from 1984 to date.  File an overcharge complaint now (or use it as a defense if you get sued). If true, you'll get a refund, maybe treble damages, and the satisfaction of doing a good deed for the next tenant.

: 
: Learn about all tenants rights and rent stabilized rights before you move into another apt:  start here:

:   http://www.tenant.net/Rights/

:  http://www.dhcr.state.ny.us/ora/ora.htm


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