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Posted by TenantNet on December 25, 1998 at 19:23:22:

In Reply to: Re: Eviction posted by Elizabeth on December 21, 1998 at 09:07:16:

:
: :
: : : I have lived for 10 years in a rent stabiled apartment in NYC. I would renew my lease every May with a small increase. Two years ago the landlord forgot to draw up a new lease before I left for my summer job, whe3n I returned in Sept , he kept putting it off, even this May before I left he increased the rent (at the usual rate) but didn't have a lease for me to sign.
: : : Now he is claiming that I am a monthly tenant and has given me a thirty day eviction notice. I have talked to him but he won't budge.
: : : What can I do?
: : As a rent stabilized tenant you have the concrete right to receive a new lease. He cannot convert you into a month to month tenant unless you refuse to renew your lease.
: :
: So, how do I stop the eviction...do I go to court, is there a document to file.
: Or, do I wait for the landlord to make the next move?

LL are required to offer lease renewals for RS tenants . Get your original
lease, previous renewals and see what DHCR has on file for proper
registrations. From what you said, you wwon't be eviccted, but the LL
can take you to court -- but that doesn't mean he will win. Show that you
are RS and tried to get renewal leases. Even if you can't prove that,
show that you took steps to show your willingness to renew. And even if
you can't show that, indicate you are willing to renew now. I suspect the
LL will lie through his teeth on this one, but stick to your guns.

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: : 
: : : 
: : : : I have lived for 10 years in a rent stabiled apartment in NYC. I would renew my lease every May with a  small increase. Two years ago the landlord forgot to draw up a new lease before I left for my summer job, whe3n I returned in Sept , he kept putting it off, even this May before I left he increased the rent (at the usual rate) but didn't have a lease for me to sign.
: : : :    Now he is claiming that I am a monthly tenant and has given me a thirty day eviction notice. I have talked to him but he won't budge. 
: : : :    What can I do?
: : : As a rent stabilized tenant you have the concrete right to receive a new lease.  He cannot convert you into a month to month tenant unless you refuse to renew your lease.  
: : : 
: : So, how do I stop the eviction...do I go to court, is there a document to file.
: : Or, do I wait for the landlord to make the next move?

: LL are required to offer lease renewals for RS tenants . Get your original
: lease, previous renewals and see what DHCR has on file for proper
: registrations. From what you said, you wwon't be eviccted, but the LL
: can take you to court -- but that doesn't mean he will win. Show that you
: are RS and tried to get renewal leases. Even if you can't prove that,
: show that you took steps to show your willingness to renew. And even if
: you can't show that, indicate you are willing to renew now. I suspect the
: LL will lie through his teeth on this one, but stick to your guns.


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