Move in-Date/Lease Renewal/best course of action

[Bigskunk911]

Dear Tenant forum,

Suppose my lease was supposed to start on January 1st of this year and move-in got delayed until say February 10th. The terms of my lease said that in the event of a delay in the move-in, LL isn't required to refund any paid rent but will extend the lease for the lenght of time there was a delay. For example, if the lease was supposed to start on Jan 1 and end on December 31st, and there was a delay to february 1st, the lease suggests an extension to say jan 31st. If there's a long lease it may extend till the end of say february of next year rather than the "anniversary date" of the move-in. For instance a 2 year lease where a move-in was delayed till the following month on the 10th of february would be extended to say feb 29th in the final year.

As this is an RS unit, I was given a renewal lease that started a month early as if I moved in on the lease start date. Due to an error in the tenant ledger that kept re-appearing I thought that rent was credited for a month. If this isn't an over-charge would filing an DHCR complaint that the terms and conditions weren't consistent with the renewal lease help or is this a matter that must be litigated outside of DHCR. I do have proof move-in-was delayed.