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Renewal Lease Commencement Date

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

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Renewal Lease Commencement Date

Postby Natan85 » Mon Nov 21, 2016 2:42 pm

Hello
My lease expired on 9.15. 2016.

LL Offered me a renewal lease on 6.1.2016 with the commencement date of 9.16.2016
Said renewal lease had the wrong amount listed. I ignored it.
LL send second notice in early August.
Then send final notice on 9.1.2016.
On 9.25.2016 after numerous requests to change the amount to what they should have been, LL finally send me a renewal lease with still the same date of 6.1.2016 and the commencement date of 9.16.2016

Interestingly, next to 6.1.2016 it says (corrected 9.20.2016)

Being that corrected renewal lease was offered on 9.25.2016 do I now have 60 days from this date to sign and return it...?
Also,can I change the commencement date from 9.16.2016 to 12.25.2016?

I had two different opinions on this from two attorneys.
Is there any case law on this?
Natan85
 
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Re: Renewal Lease Commencement Date

Postby TenantNet » Mon Nov 21, 2016 3:13 pm

First, leases usually end at the end of a month. How did your lease end on the 15th of a month?

I would not ignore a renewal lease offer from the LL, even if it's the wrong amount.

All offers must be on DHCR form RTP-8.

Based on what you've said, any renewal lease offer that has the correct amount should have the term dates prospectively, not retroactive.

See the instructions on the back of the RTP-8 form
http://www.nyshcr.org/forms/rent/rtp8.pdf

Look on the second page for instructions. Follow what is said here (both LL and tenant).

I would not make any changes yourself. Make copies of everything - all the time, not just now. That includes envelopes to get the postmark date. I would send it back to the LL (by certified or certificate of mailing) telling him he needs to make a correction of the dates.

What are the different opinions you received? Are both Attorneys experienced tenant lawyers?

You can also file a complaint with DHCR.
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