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Re: HELP! Refusal of Lease Renewal

Posted by Cranky Tenant on February 22, 2002 at 10:57:25:

In Reply to: HELP! Refusal of Lease Renewal posted by Villager on February 22, 2002 at 10:06:47:

If you want to remain in the apartment sign the renewal form and mail it to the LL registered mail, with delivery confirmation. Send your rent payments the same way and keep copies of the all correspondence and postal receipts..

As far as I know, rent stabilized apartments don't become "month to month" As long as the apartment is stabilized, and you're a legitimate tenant, you contineue to have all the rights of a rent stabilized tenant, lease or not.

: 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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