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Re: Rent Increase

Posted by TenantNet on January 09, 1999 at 15:18:53:

In Reply to: Re: Rent Increase posted by DK on January 03, 1999 at 20:08:48:

: : I have lived in my apartment for one year. I thought the lease was up 12/31/98 but I never received my renewal. I looked at my original lease which stated it was a one year lease, however, the date ended was stated as 12/31/99. Today I received my lease renewal in my mailbox. The post mark is not clear enough to read and the rent has increased $550!!! The lease renewal states that the landlord must forward it to me 120 days prior to the renewal. I can not afford the increase and I don't know how I can prove that I didn't receive the notice until today.What are my rights? Will I come home from work and find my furniture on the street???

: If you live in New York City, you cannot be evicted without a court proceeding, which is started when you receive a notice of petition informing you of a court date.

: If your lease says that it does not expire until December 31, 1999 and there is nothing else in the lease to make that date ambiguous (such as a provision that it is a one year lease) then the landlord cannot raise your rent until the lease expires (with some exceptions which would be explained to you in detail at the time of the increase).

: If you are subject to rent stabilization, a $550 increase sounds pretty fishy.

More than fishy, but even if it is a one year lease expiring on 12/31/98, the new lease will not go into effect until 120 days after you receive it. Save the envelope for a postmark. Read the back of the renewal lease (if it's a standard DHCR renewal lease) which explains this. The effective date of the new lease would be 120 days after it is offered to you. You have sixty days to accept or reject it and then the LL must execute it within 30 days.

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