Extra year lease

[Mika123]

So, 2 years ago we signed a lease to rent an apt for 2 years with the option of a third year with an increase in rent.

Unfortunately the apartment was in very poor conditions: doors fell on us, lamps fell on our heads, a/c doesn't work and kitchen faucet was leaking. During the 2 years I requested the (cheap) landlord to fix at least the doors (hazard) and recently the faucet which wasn't even turning off anymore (water spilled out even when shut).

In 2 months we were supposed to renew our third year but the landlord basically told us to collect our stuff and go by the end of the lease. It was a shock to me. We had our rent on auto pay, we were never late! We had the right to request whatever we requested to fix and now he is kicking us out saying that he doesn't want to let us stay the extra year in the contract.

Is there anything we can do? The landlord doesn't like us because of all the things I asked him to fix.

There are still many issues in this apartment and if he does end up kicking us out I wish the new tenant will harass him about those as well, he is evil.

[TenantNet]

First, I'm assuming you are rent stab (or you think you are RS) as you posted in the RS forum.

That said, any lease for 2 years with an option of a 3rd year is legally not permitted. The RS Code does not permit that. You CAN sign a lease for one or two years, and when that's done you are entitled to a renewal lease for another 1 or 2 years, and so on as long as you are in the RS unit. But you can't get (legally) a 2+1 year lease.

The repair problems are - unfortunately - all too common with NYC landlords. There are ways to deal with that ... withhold rent, file with DHCR, start a HP Action, etc.

Now, again assuming you are really RS, you have the right to a renewal lease. You really need to check to see if you are really RS. Does your original lease say you are RS? Did you receive yearly DHCR rent registrations? Did you get a DHCR rent history? (if not, do it now). Anything else in writing?

How many units are there in the building? When was it built (approximately)? Is the rent on the lease below $2000, $2500 or $2700? That can be a factor depending on the date of the original lease.

So you might be RS, or might not. Even if the original lease had some illegal terms, you might still be RS. Remember, the LL does not determine who is RS; the law does.

Also, the LL can't just kick you out without getting a court order.

So the first step is to ascertain the RS status of the unit. And if things get testy soon, I'd consult with a tenant attorney.

[Mika123]

I posted in the wrong forum! No RS! How do I switch?

[TenantNet]

Leave it here. But are you sure that you should not be RS? Answer all the questions above:

Does your original lease say you are RS? Did you receive yearly DHCR rent registrations? Did you get a DHCR rent history? (if not, do it now). Anything else in writing?

How many units are there in the building? When was it built (approximately)? Is the rent on the lease below $2000, $2500 or $2700? That can be a factor depending on the date of the original lease.

[Mika123]

Definitely not RS
Rent waaay way way way way way above 2700
449 units in building
100% positive this is not RS, its a lux building individually owned condo.
Landlord is just being an a** having a revenge because I asked him to replace a few doors that were hazardous and asked him to add a lock to the bathroom (!!) seriously which bathroom has no lock?! And change water faucet as water was flowing out when water was shut!!!
A/C is not working but I am not even bothering anymore.
Building was built in 1989.
I dont know what a DhCR is

Contract said that third year extension must be approved from both parties, he is mot approving hence is kicking us out. Anything I can do to stay the extra year?ni really dont want to move yet, i need the extra year.

[BubbaJoe123]

If the lease clause says that the third year requires the agreement of both parties, then you're kind of stuck, assuming the landlord doesn't want to consent to the third year.

Why anyone would put such a clause in a lease is beyond me - it's completely meaningless, if it requires both parties to consent.

[TenantNet]

Just because the rent is above $2,700 that does not mean it was deregulated legally. I would say many if not most units that have been deregulated have some questionable legality. Nor does so-called "luxury" status indicate anything.

If it's a condo building, are you the tenant of the building owner or the unit owner? If built in 1989, it might be under 421-a rules - you should research it.

We responded above based on wrong information you provided.

[Mika123]

I am a tenant of the unit owner.
He is not agreeing to extend the lease out of spite.
It's going to take him months to find another tenant but thats his problem.