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Should i remind LL for lease

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

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Should i remind LL for lease

Postby Cylon452 » Tue May 16, 2017 2:13 pm

Hello all

I'm in rent stabilized unit in downtown Brooklyn
Should i remind the LL for the lease or just keep paying the current rent ?
My lease is up June 30th 2017.
They know when the lease is up. They use software that sends me email notifying me when to pay the rent.

I found this new website from NYC - it might be useful to Renter here:
http://www.nyshcr.org/Rent/
Rent Info Line: 718-739-6400

I listen to the message ( option 1 ). I was waiting to hear what happens if the LL fails to renew the lease and/or send a new lease. That was not addressed. But it did say if i do not respond within 60 days they can start eviction. That was addressed.

The message also said the renewal lease can be:
1. mailed ( regular mail didn't mention Certified mail )
2. or hand delivered.
3. Message fails to mention that the Tenant can push the new lease start date up to 60 days.
for me that would be September 1st.

In either case ( 1 and/or 2 ) the LL can say he hand delivered it to me when he didn't OR say he mailed it ( when he never did ).
Certified mail is the only way he can prove he mailed it. Which no LL will do. That leaves a legal trail against them.

Message fails to mention that the Tenant can push the new lease start date up to 60 days.

Should i remind the LL for the lease or just keep paying the current rent ?
Should i visit 55 Hanson Place ( HCR ) and file Failure to provide RTP-8 ?

Thank you.
Cylon
Cylon452
 
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Re: Should i remind LL for lease

Postby TenantNet » Tue May 16, 2017 8:58 pm

Normally I would let the LL forget about the lease renewal, especially if you are rent stabilized. The rent can't go up without a new lease.

I would not remind him. Nothing says you have to do that.

The website is from NY State, not NYC, and has been around for 20 years. Nothing new. That's DHCR and very anti-tenant.

They can only start eviction proceedings if you ignore a lease offer, and that requires they send it to you.

For details see the instructions on the reverse of form RTP-8 (Google that)

Any smart LL will send a lease renewal offer to you by certified mail.

Unless there are reasons to remind the LL (older tenants want peace of mind), I would not remind him.
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Re: Should i remind LL for lease

Postby Cylon452 » Sat Jun 03, 2017 9:35 pm

Hi

Well i found an error on my RTP-8 form from last year. On the upper left corner the lease is dated April 29 2016. I selected renewal for 1 year. At the bottom of the form i signed the form and dated it 6-4-2017 in error. The date should have been 6-4-2016. The building owner signed and dated it 6-16-2017 which should be 6-16-2016 which also is in error.

Where do i go from here ? Am i going to have a problem ?
Cylon452
 
Posts: 103
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Re: Should i remind LL for lease

Postby TenantNet » Sat Jun 03, 2017 10:58 pm

That's from last year, correct? I don't think it will be a problem. Just make sure the next one is correct. The date on the top left is the date they offer it to you, which can be 3-5 months before the current lease expires. The date you sign it is what should be on the bottom.

What is important is that the dates of the term are correct. See items #1 and #7, the start and end of the term.

The current RGB percentage is 0% for a one-year renewal, so consider taking advantage of that for another year. It's not likely to be 0% next year.
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Re: Should i remind LL for lease

Postby Cylon452 » Sat Jun 03, 2017 11:26 pm

Yes the lease is from last year. The date on top is 4/29/2016 on number 7 it says The Lease shall commence on 8/1/2016 and terminate on 7/31/2016.

He signed 6/16/2017 at the bottom in error. My date on the bottom is 6/4/2017 - should i goto DHCR and notify them. This looks like it took me 12 months to accept a lease dated April 29, 2016.

All i did was sign it and instead of putting the year 2016 i made a mistake and wrote 6/4/2017. And he also made a error and dated it 6/16/2017 ( which is 13 days away from now)

I think they are up to something. I think they saw it while i missed it and might try evict me and/or not offer me another lease based on the dates i just now discovered.
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Re: Should i remind LL for lease

Postby TenantNet » Sat Jun 03, 2017 11:43 pm

Listen.... let sleeping dogs lie. There is nothing to be had in notifying DHCR unless there's an actual overcharge. They will not do anything, nor should they. Your current lease is almost over.

If the LL wants to do anything it will depend on what happens now, not any mistakes on your last lease.

If the LL offers you a new lease, then sign it with the correct dates and return it. Make copies before you return it and send it by certified mail RRR. I recommend a one-year renewal for this RGB cycle.

If the LL fails to send you a renewal offer, then you retain all your rent stab tenancy rights. Those do not go away. If a LL fails to offer a new lease, then you just continue as a RS tenant and the rent doesn't go up until he does make a legal offer. Read the back of the RTP-8 for to see how to handle things if/when the LL offers you a renewal.

There is no way the LL can evict you (or even try) based on the mistakes you describe. Up to something? Are you kidding? Don't be a Nervous Nellie. Don't make a problem where there is none.

The best thing you can do at this point is to do nothing.
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Re: Should i remind LL for lease

Postby Cylon452 » Sat Jun 03, 2017 11:50 pm

Nervous Nellie you got that right - i am nervous and you can sense that from my concerns . Thank you for your great advice. i just don't know how i made such a stupid mistake like that with the date at the bottom of the RTP-8 . Thank you again. I'm going to get some sleep now - Thank you. You have a goodnight too.
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Re: Should i remind LL for lease

Postby TenantNet » Sun Jun 04, 2017 7:10 am

Understand the wrong dates you signed are just that - the dates you signed. They do not change the term dates of the lease. Nothing changed. Just deal with the new lease. If he doesn't offer it, then so what? You are still RS. I have gone through situations - several times - where the LL is mad at me for one thing or another and they get their dander up and refuse to offer a renewal lease. I do nothing and it drags on for a few years. The only thing that happens is that my rent doesn't go up.

I can't say the LL won't try as some think they can do anything. But as bad as DHCR and the courts are toward tenants, I'm sure they won't approve evicting a RS tenant when the LL refuses to offer a renewal lease.
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Re: Should i remind LL for lease

Postby Cylon452 » Sun Jun 04, 2017 7:41 pm

Thanks for your advice.

One more thing on lease rider.

What made me worry is on the RTP-8 (9/14) Form is says i have 60 days to respond to the lease which is dated April 29 2016.
At the bottom - my Wife and I signed and dated it June 4th 2017.
The LL signed and dated it June 16th 2017.

But on page 3 of form RA-LR1 ( New York City lease Rider for Rent Stabilized Tenants ) - Section -2 ( this section needs to be completed for Vacancy and renewal leases ) my wife and I signed this section and it is dated June 4th 2016 and the LL signed and dated it June 16th 2016.

But as you said before - i'll take your advice and won't mention it. I'll deal with the new lease when and if it arrives. I'll keep this community updated as this will help others as well.
Cylon452
 
Posts: 103
Joined: Fri Jan 20, 2012 12:11 pm

Re: Should i remind LL for lease

Postby TenantNet » Sun Jun 04, 2017 8:12 pm

PLEASE, stop worrying about the current lease. Whatever might have been wrong, it's almost over. There's nothing to be done.

You normally have 60 days to sign and return (make copies, send by Cert Mail RRR) a lease renewal form from the date the LL sends it to you. As you said, you returned it within the 60 days but - in error - wrote 2017 instead of 2016.

We already answered that.

Our view is that tenants do not need to sign and return that section of the lease rider. It's not in the RS code or law, and when we asked DHCR about this some time ago, they told us it was optional. DHCR has not issued any policy statement on that section, and as far as we know, there is no case law on any requirement to sign that section.

Remember, it's just an informational rider. It's not part of the lease. That section is just a way to protect landlords when tenants claim they didn't get the rider.

So once again, stop worrying about the current lease. No more questions on it, and I won't answer anything more on it.
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