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Does tenant need 'executed' copy of RS renewal lease?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Does tenant need 'executed' copy of RS renewal lease?

Postby sr77 » Wed Aug 10, 2016 9:45 am

LL hasn't returned executed copy of renewal lease.

OK to just ignore? (Same has happened in the past with most lease renewals.)

Already into the new lease term with rent check cashed.

Thanks.
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Re: Does tenant need 'executed' copy of RS renewal lease?

Postby TenantNet » Wed Aug 10, 2016 10:13 am

I think it depends on your ability to deal with the harassment (yes, it's harassment) and potential consequences.

Our view is that when a LL refuses to return an executed lease (that you've sent back to him by certified mail and kept copies hopefully) your rights as a RS tenant are maintained as a matter of law. In short, you don't need to do anything.

You can file a lease complaint with DHCR. Depending on the facts, they should decide in your favor with an order to the LL to return the executed lease, and that the rent can't go up until he does that.

And you can use the LL's failure as a defense if the LL brings a lease holdover in court. Some tenants are so afraid of housing court they will let the LL walk all over them. And there is some truth that housing court can be daunting if you don't know the system.

You said you were paying rent for the new term. You should be paying the old rent until you get an executed lease.
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Re: Does tenant need 'executed' copy of RS renewal lease?

Postby sr77 » Wed Aug 10, 2016 12:10 pm

Thanks. In this case the 'new' rent is the same as the 'old' because of the 'no increase' guideline for a 1-yr. lease.

At least to date, failure to return an executed copy of the renewal lease (without my haranguing the landlord's office about it) has always seemed to be from inefficiency rather than intent to harass, although as an RS tenant I'm sure everyone there would be happier to have me gone.

So if no harm or disadvantage to me can come from not having an executed copy, my inclination would be to just let sleeping dogs lie, or at least wait until next month to remind them.
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Re: Does tenant need 'executed' copy of RS renewal lease?

Postby TenantNet » Wed Aug 10, 2016 12:52 pm

Although this year the rent won't increase anyway by virtue of the RGB's decision, some LL's might just forget as time goes on, and when the RGB does issue and increase, the lack of a lease will mean there would be no increase due to the lease failure.
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Re: Does tenant need 'executed' copy of RS renewal lease?

Postby sr77 » Thu Aug 11, 2016 1:37 pm

Thanks. So would it be correct to say that it's a potential problem for the landlord, but not for the tenant?
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Re: Does tenant need 'executed' copy of RS renewal lease?

Postby TenantNet » Thu Aug 11, 2016 2:43 pm

Look, the LL could take you to housing court. You could get a bad judge. Legally you are in the correct position, but it could be a hassle. The current LL might be senile but when the kids take over they can be aggressive and they might not know the RS law.
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Re: Does tenant need 'executed' copy of RS renewal lease?

Postby BubbaJoe123 » Thu Aug 11, 2016 2:47 pm

Can't hurt to send a letter, certified, return receipt requested, stating that you signed the leases and sent them back on X date. You haven't received the executed lease yet. That way, you at least have it on the record that you informed them you haven't received the lease.
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Re: Does tenant need 'executed' copy of RS renewal lease?

Postby TenantNet » Thu Aug 11, 2016 2:55 pm

Not good advice. I wouldn't do that. I'm assuming the T signed the lease renewal offer and sent it back by certified mail - so they can prove it. Why spend another $6 and why give the LL a better position on this? As long as the T can prove the lease renewal he's covered and should be as quiet as a mouse.

My LL tried this once. I said nothing and in the end they lost two years of increases. Be smart.
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Re: Does tenant need 'executed' copy of RS renewal lease?

Postby sr77 » Sun Aug 21, 2016 8:40 pm

TenantNet wrote:Not good advice. I wouldn't do that. I'm assuming the T signed the lease renewal offer and sent it back by certified mail - so they can prove it. Why spend another $6 and why give the LL a better position on this? As long as the T can prove the lease renewal he's covered and should be as quiet as a mouse.

My LL tried this once. I said nothing and in the end they lost two years of increases. Be smart.

The actual situation was that I got an email from LL's office telling me they wouldn't accept the signed renewal leases, apparently because one was a photocopy (of the other).

(You may recall the other thread about my doing this because I had misplaced the other original. In retrospect, I should have photocopied the form before I signed it so that I then had two original signatures, instead of one with an original, the other with a photocopied signature.)

They informed me they would be sending new ones (or at least one new one -- that wasn't clear) but that hasn't happened. My guess, knowing them, is that it got lost in the shuffle.

My original plan was to wait a month or two and then ask them what happened to the one(s) they were going to send? But from my reading of what's been posted here it seems I may be just as well (or better) off by not doing anything.
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Re: Does tenant need 'executed' copy of RS renewal lease?

Postby TenantNet » Sun Aug 21, 2016 9:11 pm

If they send it, then sign it and return it. But otherwise I would do nothing. You have the paper trail that they are aware of this. True, this year (2016-17) there are no 1-year increases, but who knows what will happen next year. If there's no lease renewal, the rent can't go up. With some large management companies, such things can be lost in bureaucracy. Let it.
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Re: Does tenant need 'executed' copy of RS renewal lease?

Postby sr77 » Wed Aug 24, 2016 9:34 pm

Thanks. My next renewal will fall within the period covered by the 2016-2017 guidelines, so I'll have the option for a 'zero increase' in 2017 anyway -- which I already plan to choose as (not having a crystal ball to detect the unforeseeable -- e.g., possible huge increases for 2017-2018) I don't see what would favor choosing a 2-year lease with a 2% increase over a 0% increase 1-year lease.
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