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What is the correct 1st Day of Lease Renewal?

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What is the correct 1st Day of Lease Renewal?

Postby lawful tenant » Wed Aug 24, 2011 12:52 am

Landlord sent me the renewal lease almost 1 1/2 months late. My lease expires on Aug 31. He sent me the renewal lease on July 12. But dated it June 1.
I called him about this and he stated that I can cross out Sept. 1 and instead put Oct. 12 which would be exactly 90 days from the day I received the lease. He then told me that I should pay portion of the rent (Oct. 1 to Oct. 11 according to the old rent, prorating it) and the other portion (Oct. 12 - October 30 according to the new rent)

Is this correct? Shouldn't I instead pay the old rent until October 30th and pay the new rent beginning November 1st?

Point 7 of the renewal lease states:
The renewal lease shall commence on 09/1/2011 which shall not be less than 90 days, nor more than 150 days from the date of mailing or personal delivery of the Renewal Lease Form.

I read here --> http://www.tenant.net/phpBB2/viewtopic. ... 32f60a880a

that the proper lease renewal form should state:

If the owner offers a Renewal Lease less than 90 days prior to the expiration of the existing lease, the lease term selected by the tenant shall begin at the tenant's option either
(1) on the date a renewal lease would have begun had a timely offer been made or
(2) 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.


Does this mean my landlord is not using the proper Lease Renewal Form to begin with?

Does he have the right to collect rent starting October 12 as he suggested?
Or do I have the right to pay the new rent starting November 1st?

Also, I agreed to his suggestion orally - does it bind me to it now?

Thanks
lawful tenant
 
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Postby Cranky Tenant » Wed Aug 24, 2011 1:32 am

Is your apartment rent stabilized? You posted in the NYC General Discussion so it's not clear whether or not the apartment is rent regulated.

Link cited above contains an excerpt from the DHCR RTP-8 which you can see here.

If the owner offers a Renewal Lease less than 90 days prior to the expiration of the existing lease, the lease term selected by the tenant shall
begin at the tenant's option either (1) on the date a renewal lease would have begun had a timely offer been made or (2) 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. The guidelines rate applicable
for such lease 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, and the increased rental shall not begin before the first rent payment date occurring no less than 90 days after such offer is made.


If you choose to have your renewal begin on September 1st, and rent is due on the first, then the first rent payment occurring no less than 90 days after the July 12 offer would be November 1st. If you allow the landlord to move the commencement date up to October 12th then the first payment could be open to interpretation.

More importantly, there's a significant difference in the RGB increase for leases that commence on or after October 1st, as opposed to those that commence before. If you choose to have your lease begin in October you should make sure you only pay the current RGB increase that was in effect had the landlord made a timely offer - 2.25 for one year or 4.5 for 2 year.
I'm a cranky tenant NOT a cranky lawyer.
Cranky Tenant
 
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