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rent controlled apartment (succession)

Posted by johnb on October 22, 2001 at 11:13:07:

I have been living in my uncle's apartment for over a year. My uncle has since passed away. It is rent controlled. I informed the management company of his passing and inquired about having me be put on the lease. They said that I had no right of succession since I am only a nephew (and the time - 1 year) and the rent would go up to fair market value. I had no problem with paying FMV for an apartment and was told I needed to fill out an application and send a check for the fee. I completed the form, sent in a check and waited, while continuing to pay the rent.

Now, two months later, the lease is up and they haven't sent me any correspondance relateed to a new lease. I just received a letter, along with my latest uncashed rent check stating the cannot accept the check pending legal action.

When I called the company they told me they are not renting any aprtments and the person I spoke with initially is actually the head of the legal department (I was told she was an agent). Initially when I spoke with her she seemed like this was just a routine call.
I'm afraid the application and check I sent in (in good faith) was to be used against me from the beginning.

So now, I am waiting for the legal documents, not knowing how long I have until I have to move. I do not want to get into a long and costly legal battle if I am ultimatly going to lose.

Do I have any rights as a tenant since the lease is up and I have not lied there for two years? I do have utility bills and other mail in my name.

And as an aside, can any of this affect my credit?

Thanks for any advice or help you can give me.

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