Made mistake on rental lease form

[Jhor25]

Hi,

It seems on the lease renewal form I did not check that I want a one year or two year lease renewal. I also didn't check that I was going to vacate either. I sent a check to cover the difference between my current rent and the new rent for the security deposit. I just got the form back saying that the lease ends at the specified time that the prior lease ended. How can I correct this??? I wanted a 2 year renewal but seems that a possible innocent mistake happened here. Can this be fixed?

[TenantNet]

First, make sure the renewal form the LL sent you is an official DHCR form RTP-8. That is the only permissible for for rent stab renewals.

One should infer that your sending the difference to top off the security deposit is your indication of choosing to remain. The mistake is hardly fatal.

I would send a certified letter, return receipt requested, to the LL, stating that a) you made the mistake inadvertently, b) your intention is to renew for X years. You can ask the LL to take the letter as your choosing X year renewal, or that he return the form to you so you can correct the error.

With leases, always send certified mail and make copies of everything, including envelopes that you receive (to copy the postmark).

This year in particular, increases are zero percent for 1-year renewals and represent a better deal than a 2-year renewal. Did the LL put the correct numbers on the form? Check that as well.

I don't know if you can correct it to one year but as you sent the deposit increase to cover 2 years (I presume), the LL might resist making that change. However, if the LL starts playing games, I would hold out to starting over.

[Jhor25]

Thanks. We will follow your advice. It was for a 2 year renewal. Do you think that the landlord could refuse this and evict us? The lease doesn't ende for a few more months also.

[TenantNet]

Almost zero chance you would be evicted - although he might try. That's why it's important to create a paper trail of your intent to renew. Judges look at intent. Anyone can overlook a checkbox. But once you discovered the error, it's what you do that counts. Always make copies and send certified.

[Jhor25]

Thanks. Are emails as good as a paper trail?

[TenantNet]

Emails ARE a paper trail. Anything that goes to prove you sent something, or received something, or that the LL received something, are documentation. If you get the LL to reply to an email, the better. It's all about insurance. Be above board. Admit the "mistake" and make an honest effort to fix it. If the LL then plays games, well that's a different matter.

[Jhor25]

Thanks again for your help. I will keep you posted on how things go.