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Posted by TenantNet on December 25, 1998 at 18:54:22:

In Reply to: Re: Rent Stabilized Lease Renewal - New Lease Not Received posted by clive on December 12, 1998 at 12:41:04:

: : : I have a rent stabilized studio where the 2 year lease was up last month.
: : : I was verbally told of the allowable increases for a one and two year term.
: : : I opted to renew for two years and my first "new rent" check has been cashed by the landlord.
: : : I still haven't received any paperwork and have not signed a renewal lease.
: : : Should I insist on a renewal lease or is my landlord making a big mistake by not
: : : sending the paperwork my way (one that I could possibly benefit from in the future)?
: : : What should I do, keep my mouth shut or get the renewal lease?

: I would not do anything. Just keep paying your old rent. You are officially a rent stabilized month-to-month tenant. The only legal way a landlord can get an increase is by offering you a renewal lease 120 to 150 days before the lease expires. He can not tell you to leave. In fact, even if he were to give you a renewal lease now, you do not need to pay the increase for another 120 to 150 days.

Essentially correct. Rent Stab tenants have an automatic right to a lease
renewal. Landlords are required to OFFER you a lease 120-150 days prior
to the expiration of the old lease ON THE SAME TERMS AND CONDITIONS OF
THE EXPIRING LEASE and at the LEGAL RENT (see the current RGB Guidelines
for legal increases). Once you get the OFFER, you have 60 days to
ACCEPT the OFFER. Make a copy and send it back certified. The LL then
has 30 days to EXECUTE the lease. Failing all that, your rent stays the
same as it was without a valid offer by the LL. When he does do the right
thing, the new lease only starts 120 days after you get the offer.

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Comments:
: : : : I have a rent stabilized studio where the 2 year lease was up last month.
: : : : I was verbally told of the allowable increases for a one and two year term.
: : : : I opted to renew for two years and my first "new rent" check has been cashed by the landlord.
: : : : I still haven't received any paperwork and have not signed a renewal lease. 
: : : : Should I insist on a renewal lease or is my landlord making a big mistake by not 
: : : : sending the paperwork my way (one that I could possibly benefit from in the future)? 
: : : : What should I do, keep my mouth shut or get the renewal lease?

: : I would not do anything.  Just keep paying your old rent.  You are officially a rent stabilized month-to-month tenant.  The only legal way a landlord can get an increase is by offering you a renewal lease 120 to 150 days before the lease expires.  He can not tell you to leave.  In fact, even if he were to give you a renewal lease now, you do not need to pay the increase for another 120 to 150 days.

: Essentially correct. Rent Stab tenants have an automatic right to a lease
: renewal. Landlords are required to OFFER you a lease 120-150 days prior
: to the expiration of the old lease ON THE SAME TERMS AND CONDITIONS OF
: THE EXPIRING LEASE and at the LEGAL RENT (see the current RGB Guidelines
: for legal increases). Once you get the OFFER, you have 60 days to
: ACCEPT the OFFER. Make a copy and send it back certified. The LL then
: has 30 days to EXECUTE the lease. Failing all that, your rent stays the
: same as it was without a valid offer by the LL. When he does do the right
: thing, the new lease only starts 120 days after you get the offer.


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