notice to cure deadline missed!!!

[mnemosyne]

Hi,

My landlord has a 2-year lease for my NYC rent-stabilized apartment. That is, he should have it. All of a sudden apparently he thinks he doesn't I guess, because today I just found out that they sent me a notice to cure to sign a new lease about a month ago.

I have not checked the mailbox in all that time, because the mailbox was jammed and the super never fixes anything. Also, I was going to pay to have the mailbox fixed myself, instead of relying on the super (who if he did it at all was likely to do it badly). But I was waiting until I could afford to hire someone to fix the mailbox. I wasn't too worried about having it done immediately, because I never get important mail. I pay all my bills on or before the due date (except currently I am a couple of months behind in rent), and my loved ones send me emails.

Before this period I have never missed rent payments. I missed a couple of months this summer, but have recommenced paying monthly, and I was just about to pay one of the extra months I owe this week actually.

The notice to cure says I must sign a new lease "on or before September 26"!!! Or that the landlord "will elect to commence suit"!!!!

Will they? Is it very likely that they will evict me?

As I said, I signed a 2-year lease effective through August 31, 2017. They must have lost it!

I called them immediately today, but it was Friday at 6 pm, so of course they were closed. I'm so anxious I can't think or do any work.

I spoke to a lawyer online at Just Answer, who says that they are unlikely to try to evict because I missed a notice to cure deadline by a week.

If that is so, however, why would they pretend to have lost the original lease?

If they did lose it, why wait till now (it has been several months) to inform me of it?

Aside from this notice to cure, I have received nothing else. No phone calls, no other mail, etc.

But I went online today to try and pay rent, and I was blocked from making payments. The management office also did not send me a "It is time to pay your rent!" reminder this month, something which has never happened before. These 2 things, and the date on the notice to cure, are what are driving me crazy at the moment.

[TenantNet]

You're mixing up a lot of things. Clear out your mailbox ... and your mind. Your lease has nothing to do with your mailbox.

First, are you rent stabilized? How do you know? Do you have your first lease?

Second, the LL does not "have" a lease. You probably signed a 2-year renewal and returned it to the LL after being offered it. Is that what happened? After that did the LL execute and return a signed copy of the lease to you? Did you send it to him by certified mail? Do you have a copy and postal records?

As for the Notice to Cure, how did you get it if you don't check your mailbox? If you don't check your mailbox, you're bound to get into trouble after it's too late.

On the mailbox, do not fix it yourself. That is the LL's obligation and make sure they know (cert. mail). Depending on what is wrong with it, it could be a simple fix by the super or might involve more substantial efforts (with USPS being informed).

If you're behind in rent, do you think the LL will do nothing? Do you think a broken mailbox is going to stop him?

On the notice to cure, I would remind the LL, in writing, cert. mail, of the dates of the current renewal lease and send him a copy. Remind him that he didn't send you an executed copy if that is what occurred.

Eviction is a process and it won't happen by Monday. But get your ass working on this ASAP. I don't think lawyers at Just Answer know how NYC rent stab works.

Call the LL Monday and try to get some info on what is happening. Many LL offices are notorious for not knowing - or pretending to not know - what is happening. Even if you call them, send a cert. letter keeping copies about the current lease. Make a paper trail. If you wind up in court, you want a paper trail.

One final note, if they refuse payments, it might be because they have already started a holdover on the lease issue. That's normal so don't get too upset. But you will have to deal with it as soon as possible.

[mnemosyne]

First, are you rent stabilized? How do you know? Do you have your first lease?

Yes I am rent-stabilized. It says so on the first lease from 8 years ago, which is lying around somewhere - I think!

Second, the LL does not "have" a lease. You probably signed a 2-year renewal and returned it to the LL after being offered it. Is that what happened? After that did the LL execute and return a signed copy of the lease to you? Did you send it to him by certified mail? Do you have a copy and postal records?

Yes, I signed a 2-year renewal and returned it to the landlord's lawyer. But I did it in person! Not by certified mail. And it was the end of the day on a Friday. The receptionist said he would get it for sure, and refused to give me proof.

No, he never returned a signed copy of the lease.

As for the Notice to Cure, how did you get it if you don't check your mailbox? If you don't check your mailbox, you're bound to get into trouble after it's too late.

When the mailman was here yesterday at 5 pm, I asked him to get some mail out for me.

If you're behind in rent, do you think the LL will do nothing? Do you think a broken mailbox is going to stop him?

I was ahead in rent for about 7 months, and I was hoping they would take that into consideration. Also I was going to catch up on my rent in the next couple of months for sure....

On the notice to cure, I would remind the LL, in writing, cert. mail, of the dates of the current renewal lease and send him a copy. Remind him that he didn't send you an executed copy if that is what occurred.

I don't have a copy. Is this just terrible? I just signed the lease and gave it to him, without making copies. And I never received anything back.

The security at his building takes a picture of everyone who enters, so IF they keep that then there is proof that I was there, but it isn't proof that I dropped off the lease.

Eviction is a process and it won't happen by Monday. But get your ass working on this ASAP. I don't think lawyers at Just Answer know how NYC rent stab works.

Call the LL Monday and try to get some info on what is happening. Many LL offices are notorious for not knowing - or pretending to not know - what is happening. Even if you call them, send a cert. letter keeping copies about the current lease. Make a paper trail. If you wind up in court, you want a paper trail.

One final note, if they refuse payments, it might be because they have already started a holdover on the lease issue. That's normal so don't get too upset. But you will have to deal with it as soon as possible.

Are you saying then that you think I'm most likely definitely going to court? That this is a (legal) trick by the landlord to get me out of the apartment any way he can, so he can raise the rent?

[TenantNet]

Tenants are often their own worst enemies. Not certified? No copies? What in the hell did they teach you in N.H.?

Well don't tell the LL that you don't have copies. Write a cert. letter ASAP, and make copies this time! Remind him of the date the renewal lease is expected to expire. I would take a slightly miffed tone. Sort of "what's wrong with you..." but not too much. Remember, it's his fault, not yours.

You can also file a complaint with DHCR. http://www.nyshcr.org/forms/rent/ra90.pdf and https://goo.gl/UMCjlE I would do that right away as it can be used as a defense if the LL takes you to court.

One other thing ... I forgot to ask. For the last year have you been paying, and has the LL accepted the increased amount of rent that you would have had to pay on the 2-year lease? I think it was 2.75% under Rent Guidelines Board order #46 (check to see if your renewal date was under this order).

[mnemosyne]

Thank you so so so much for your response. You've already been more helpful than the 2 lawyers I spoke to. Thank you so much.

Tenants are often their own worst enemies. Not certified? No copies? What in the hell did they teach you in N.H.?

Well don't tell the LL that you don't have copies. Write a cert. letter ASAP, and make copies this time! Remind him of the date the renewal lease is expected to expire. I would take a slightly miffed tone. Sort of "what's wrong with you..." but not too much. Remember, it's his fault, not yours.

I called him in a panic, saying "I don't have any proof that I was there and dropped the lease off." So he may know already....

You can also file a complaint with DHCR. http://www.nyshcr.org/forms/rent/ra90.pdf and https://goo.gl/UMCjlE I would do that right away as it can be used as a defense if the LL takes you to court.

Will do thank you so much!!!

One other thing ... I forgot to ask. For the last year have you been paying, and has the LL accepted the increased amount of rent that you would have had to pay on the 2-year lease? I think it was 2.75% under Rent Guidelines Board order #46 (check to see if your renewal date was under this order).

Yes I have been paying the raised rent for the last year. But while they accepted my money, they just kept charging me the old rent. So they had in their records each time that I had overpaid.

That's what I mean when I say I paid ahead of time. I didn't really pay ahead of time. I only paid ahead of time if you think I was paying the old rent rather than the new rent.


They have been accepting my money for a year though. Does that mean, as one lawyer says, "Once you have signed the renewal lease and sent it back to your landlord, the renewal is considered in effect, and it cannot be revoked. You should begin paying the rent increase when the renewal lease takes effect whether or not you have received a signed copy of the renewal lease from your landlord."

??????

After all, they only sent me a notice to cure in September! What about all last summer??? (They received my backdated lease in May)

[mnemosyne]

Thank you so much again.

Can you also tell me what you meant when you said that holdover proceedings are normal and I shouldn't be too upset?

I shouldn't be too upset that they have commenced eviction proceedings...?

[TenantNet]

Yes, most attys will agree that once you sign the renewal and return it, it's considered to be in effect. But LL lawyers are paid to be jerks. It really depends if the LL wants to get you out, or if it's an innocent mistake (on his part).

Don't get too ahead of yourself here. One thing at a time. Send them a cert letter responding to the Notice to Cure that there is nothing to cure as you had already returned the signed lease. You can also fax/email the letter to them so they get it ASAP, but make sure it's cert. so you have proof. Then file with DHCR as they haven't sent it back to you. Send DHCR a copy of the letter you send to the LL.

You can tell the LL in the letter that you are filing with DHCR (just to inform them, not as a threat).

Have the commenced eviction proceedings yet? That is what a holdover is. If that has happened, and/or once it does, then things change.

From now on keep originals or copies of everything you send or receive, including envelopes (for postmarks). Keep a record of everything you do. Record conversations with the LL (smartphones can do that).