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Rent-Stabilized - Received a Notice to Terminate

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

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Rent-Stabilized - Received a Notice to Terminate

Postby skar0913 » Tue Oct 31, 2017 9:41 pm

Hello All,
So lived with my mother in same rent-stabilized apt for 20+ years. She past away and I invoked my succession rights and informed the landlord. Landlord has not given me lease renewal and have not cashed the rent check for 3 months (sent via certified mail) and asked me to fill out a new rental application which I refused.
I consulted with a tenant attorney while this was happening.
Just received a notice to terminate by LL asking me to leave in 1 week. I don't believe its a legit and will consult the attorney 1st thing tomorrow morning.

Any advise or things I should know, anyone went thru the same thing.

Thank You
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Re: Rent-Stabilized - Received a Notice to Terminate

Postby TenantNet » Tue Oct 31, 2017 10:22 pm

For succession rights, before anything -- even while the original tenant is still alive - we strongly recommend consulting with a tenant attorney who has experience with succession cases. Some of our advertisers fit that bill. The reason we say this is to make sure that your arrangement in the apartment is set up properly in anticipation of claiming succession rights, and - important - if there are problems, it's best to identify them before hand, and make corrections.

You say you've already consulted with a tenant atty (can you tell us who it is by private mail?). It will same a lot of time in litigation, and angst. (although it will probably cost you some money). In the end, it's about your home.

As for rent, keep paying by certified mail. Make sure the money is safe and that you don't touch it. In the end there is a possibility that the LL might not be entitled to rent for the time in which you were not the tenant (before you get a lease), so it might not be a bad thing for the moment. Just make sure you have the money in a safe bank account.

I think you were correct to refuse to fill out a rental application.

As for Notice to Terminate (should be Notice of Termination), it is supposedly ending the landlord-tenant relationship based on some reason, and usually done mid-lease. You say you're RS, so even without succession, the estate of your mother has the right of occupancy until the end of the current lease. That often means the executor designated by the will or the Surrogate Court. We can't advise you on estate issues though.

Is the LL by any chance claiming your mother was not RS? Of course that would be odd as succession only exists for RS tenancies, but I've seen stranger things.

Is there anything that he might be claiming that you don't have succession rights, i.e., the two years of living in the unit prior to her death?

As for the length of time in the Notice of Termination, I've seen various time amounts. Some sites say it must be 30 days (i.e., the end of November), but I've never seen one week. I don't think that is allowed.

FYI, I've been through holdovers, and I've worked with estates after a tenant dies, but not succession cases.
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