lease renewal & late payment - help!

[upperwest]

Hi there,

I've been in my RS apt for 30 years - the lease is up at the end of July and I sent the renewal to the ll about ten days ago. I've had a little cash flow problem and the rent was late - in March the LL charged $200 for a three day notice. Today, in the regular mail, I received a letter that was, in essence, another 3 day notice - although I had already sent the rent.

I called the LL's office and spoke to s/o in the Legal dept. he said that I had been 'served' but actually I had just received a regular envelope in the mail - does this count as being served and can this give them grounds to not renew my lease?

Please help - tell me what you guys think.

TIA
stressed on the upperwest

<small>[ May 20, 2003, 06:48 PM: Message edited by: upperwest ]</small>

[Cranky Tenant]

Unless your lease says the LL is entitled to a late fee, he's not entitled to anything beyond the rent unless he's awarded the money in court.

As a rent stabilized tenant the LL is pretty much obligated to renew your lease. Also, If th LL fails to supply an "executed" copy of the lease, he's not entitled to an increase.

DHCR Fact Sheet #4

[upperwest]

Thanks, cranky and me again!

I was really appalled after speaking to the 'legal dept' at the LL's office and thought something was definetely not 'kosher' b/c the guy was reluctant to even tell me his name. Do you think I should just ignore the '3 day' fee - or what?

TIA, you guys are great!

[Cranky Tenant]

If its just a "Three Day Notice" from the LL or his attorneys threatening to bring action, you can either ignore it, or send him a copy of your cancelled rent check, certified mail.

If it's an actual petition from Housing Court you need to answer it within five days. Nevermind what the LL's legal department tells you. Lawyers lie and if it's not in your lease lease, they're not entitled to any legal fees unless the fees are awarded in court.