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No written notice of lease renewal or rent increase

Posted by Bonnie on September 25, 2000 at 09:22:38:

Hi, Heres the deal
177 Bleecker street
Landloard is Mrs. Phyllis Andriani
Rent 1700.00 (!!!)
Not Rent controled or stabalized as far as I know ( not so clear on what those are)
16 apts in building
No idea when built ( walk up no elevator, single non-shared toilet in the hall)

We have a written lease. It is in my fathers name ( even though I am 27!!). It was signed by a notary public, she was adamant about that fact.
Our lease expires on THIS Tues Sept 26 2000.

Now to the nitty gritty
Last sept (9/99) we gave her first last and security.
A renewal lease was not mailed to either my father or myself.
I called at the end of august 2000 and was told that she would have to increase the rent but couldn't tell me to what. SHe told me that she would be in touch. She never got back to me. I am slightly at fault here because I was out of town alot and did not call her until sept 22 2000.
It was at this point that she asked me what I pay now and then made up an increase off the top of her head. The figure was 1975.00. Appaled I said that no we would not be staying and that we would be leaving.
HOWEVER we paid on Aug 2000 the amount of 1700.00 for the month of Sept 2000 assuming that we would be staying. So that means that she has our last months rent as well as security. She said to me that we wouldnt be able to recieve either until after 60 days.
Questions: Because we paid Aug 2000 for the month of Sept. 2000 do we have a right to stay here until 9/30 or do we lose that right because our lease is up on 9/26?
Do we have a right to either recieve our last months rent that we paid last year immediatly or can she hold for 60 days?
Can we stay until we technically paid up until (Oct. 2000) if you include the "last monts rent" that we paid last September ( I heard somewhere that if your landlord accepts your money than you are a tennant at will)?

Thank you , Thank You, Thank you!- Bonnie

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