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HELP! Refusal of Lease Renewal

Posted by Villager on February 22, 2002 at 10:06:47:

I am in a NYC rent stabilized apartment where the lease expired on 1/31/02. The owner did not send the lease renewal forms until 30 days prior to that date (min 90 days prior required). However, I verbally told him that I was moving out on 3/1. Since that statement, I suffered an injury and will be unable to move out. Under NYS Rent Stabilization Code, I am allowed 60 days from the receipt to respond.

Since I didn't sign the renewal form yet, I tried to renew the lease. He is threatening to take me to court. I have until 3/1 to reply with the signed renewal form. I'm dealing with a management company who's reps are irate with me. Is this a bluff? Do they have a case? I'm willing to fight but I don't want a long ugly battle.

Furthermore, the owner accepted rent for February, which makes it a month to month. And on two occasions, I have sent checks for monthly payments and they claim they 'lost' the checks. Then they come back later with accusations of late payment. Can this come back to haunt me?

I have until 3/1 to respond before the 60-day limit is up. Is there any recommended actions I should take for insurance (i.e. send renewal form certified mail)? I was considering writing a letter stating the facts of my case. Will this scare them off or fuel their fire?

Thanks for your comments!

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