Posted by Mark Smith on May 28, 1999 at 00:47:43:
In Reply to: Changed mind & wants to stay posted by Nervous on May 25, 1999 at 20:23:51:
Here is the housing court decision, Livbros LLC v. Vandenburgh, where the tenant received a notice from the landlord, offering to renew the rent stabilized lease. The tenant filled out the form and wrote a letter to the landlord, each stating that he was not renewing. The tenant changed his mind a few days later, after the landlord had rented the apartment to another tenant in the building. The housing court would not let the tenant renew and ordered him evicted.
If you think that you might not renew but you are not absolutely certain that you will not renew, it is safer not to respond to the landlord's offer to renew. Appellate court decisions have permitted tenants to renew even after the lease has expired.
You can click on the link below, or read the housing court's decision at:
: I live in a rent stabilized apt. in NYC. I recently received an offer of lease renewal and declined (I sent in a signed and notarized form to the LL).
: I recently changed my mind and would like to stay (I have over 30 days left in my lease). The landlord has verbally agreed to let me stay, and asked me to put my request in writing (I did). I'm still waiting for a *new* lease renewal form from him and feeling somewhat nervous.
: Does anyone out there have any experience with a change-of-mind situation like this?
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