Posted by Cranky Tenant on February 23, 2002 at 10:03:45:
In Reply to: Re: Delayed Lease Renewal posted by consigliere on February 22, 2002 at 11:45:14:
Consigliere is correct. I always confuse Registered Mail with Certified Mail. The main point is to submit your letter, lease renewal and rent with proof of mailing in the easiest and cheapest manner possible, and make sure you have copies in case you need them later.
I would avoid stating the facts of your case and simply state that you're renewing your lease, just as Consigliere suggests. No need to give them any more information than necessary.
: I would do what Cranky Tenant suggests for the renewal lease, and I would include a cover letter, letting the landlord know that the rent increase will not become effective until the first rent payment 90 days after you received the renewal offer. [See Rent Stabilization Code §2523.5(c)(1), below.] Make note of the cover letter on both copies of the renewal lease.
: Registered mail is too expensive and too inconvenient for monthly rent payments. You could go to the post office and pay for a certificate of mailing, but you have to wait on line to mail the rent, or you could send the rent by certified mail, at the post office, or by dropping it into a mailbox, with $2.44 postage. A return receipt would cost more.
: Rent Stabilization Code §2523.5(c)(1):
: Where the owner fails to timely offer a renewal lease or rental agreement in accordance with subdivision (a) of this section, the one- or two-year lease term selected by the tenant shall commence at the tenant's option, either (i) on the date a renewal lease would have commenced had a timely offer been made, or (ii) on the first rent payment date occurring no less than 90 days after the date that the owner does offer the lease to the tenant. In either event, the effective date of the increased rent under the renewal lease shall commence on the first rent payment date occurring no less than 90 days after such offer is made by the owner, and the guidelines rate applicable shall be no greater than the rate in effect on the commencement date of the lease for which a timely offer should have been made.
: : 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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