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Posted by Ken on September 19, 2000 at 18:38:57:

In Reply to: Need to obtain copy of original lease posted by Dawn on September 19, 2000 at 16:17:09:

There certainly are some screw ups here, both on your part and on the part
of others. Let's take the issues you brought up one at a time:

1) Regarding your move in, unfortunately, you cannot and should not accept a
brokers statements as fact. A quick read of this board would show that
there are unscrupulous brokers who will say almost anything to rent an
apartment, and then leave both tenant and owner screwed and fighting each other.

2) Regarding signing a second lease; this is not standard. In a rare
situation where there really were problems with the original lease then you
and the owner would sign a new lease that clearly negates the first one in
its text and contains whatever new or corrected terms you both wanted.

3) There is nothing "shady" about a building being sold and changing
owners, this happens all the time. In your case, it is likely the current
owners themselves don't have your lease ... it got lost in the shuffle of
paperwork between one owner from the next. By the way, there is no agency or organization to which an owner is required to submit a lease copy; it's considered a private matter between you and him. Keeping a copy is up to you.

4) It sounds like your building is NOT rent stabilized. If it was you'd
have a special rent-stabilization lease. In any case you can check with
DHCR to confirm the building's status.

5) Your security deposit is supposed to be passed on from the old owner to
the new one. This may have gotten "lost" in between owners too, which
brings me to my final suggestion:

You and the owner are essentially back to square one. The owner probably
doesn't have the original lease and you don't either, and in any case there
were problems with it. So forget about it. Instead, at the appropriate
time ask to sign a NEW lease, read it carefully and keep your copy in a safe
place ! Incidentally ... once your agreed upon lease term expires, the
owner of a market rate building can decide not to rent to you for another
term, or raise your rent.

Follow Ups:

• don't take the landlord's word for it chelsea 09/19/00 (0)

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Comments:
: There certainly are some screw ups here, both on your part and on the part
: of others.  Let's take the issues you brought up one at a time:

: 1) Regarding your move in, unfortunately, you cannot and should not accept a
: brokers statements as fact.  A quick read of this board would show that
: there are unscrupulous brokers who will say almost anything to rent an
: apartment, and then leave both tenant and owner screwed and fighting each other. 

: 2) Regarding signing a second lease; this is not standard.  In a rare
: situation where there really were problems with the original lease then you
: and the owner would sign a new lease that clearly negates the first one in
: its text and contains whatever new or corrected terms you both wanted.  

: 3) There is nothing "shady"  about a building being sold and changing
: owners, this happens all the time.  In your case, it is likely the current
: owners themselves don't have your lease ... it got lost in the shuffle of
: paperwork between one owner from the next.  By the way, there is no agency or organization to which an owner is required to submit a lease copy; it's considered a private matter between you and him.  Keeping a copy is up to you.

: 4) It sounds like your building is NOT rent stabilized.  If it was you'd
: have a special rent-stabilization lease.  In any case you can check with
: DHCR to confirm the building's status.

: 5) Your security deposit is supposed to be passed on from the old owner to
: the new one.  This may have gotten "lost" in between owners too, which
: brings me to my final suggestion:

: You and the owner are essentially back to square one.  The owner probably
: doesn't have the original lease and you don't either, and in any case there
: were problems with it.  So forget about it.  Instead, at the appropriate
: time ask to sign a NEW lease, read it carefully and keep your copy in a safe
: place !  Incidentally ... once your agreed upon lease term expires, the
: owner of a market rate building can decide not to rent to you for another
: term, or raise your rent. 


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