No notice to renew or not renew, looking for extension

[sn0rlaxshadow]

I see in the Residential Tenants’ Rights Guide on the NYC AG's website that landlords must give a 60 day notice (or 30 days, depending on stay), if the landlord of the non-regulated unit intends to renew the lease with a rent increase of more than 5%, or does not intend to renew the lease. My lease is ending shortly (less than 30 days), but my landlord hasn't sent a renewal or non-renewal notice. What does this imply? Does this mean they can increase the rent by less than 5% without sending a lease renewal in advance?

(Context: I would like a 15 day extension on my lease, but the landlord refused to extend it over email. The lease itself has no continuation clause, except a clause which states that I will be charged 1.5x for the holdover period after the lease ends)

[TenantNet]

We see you posted the same question twice in two different areas of the forum. We deleted the other post. First question, what kind of building are you in? When was it built (approx), how many units? Have you gotten your rent history from DHCR (if not, do so now). Any chance you might be rent stab? (not what the LL says, but other indications?)

[sn0rlaxshadow]

It's a prewar building from 1920s, about 70 units. Unlikely to be rent stabilized. Don't have rent history but can get it.

[TenantNet]

Why say unlikely. That is the definition of being RS, that is unless it was deregulated, and that could have happened legally or illegally. That's why a history is important. Having said that, the history is what the LL tells DHCR, so that in itself is suspect.

As for moving out, well that's a separate question. But some tenants would rather stay if there's a possibility it might be RS.

One thing I would do is go here: viewtopic.php?f=5&t=13981
and DL Part 1 of What Lawyers need to know about the 2019 rent law changes.

As to your question, let's say your least ends on July 31. If you stay after that point, you become a holdover. You can also be a month-to-month tenant if the LL accepts your rent for August and beyond (at the same rent).

As the current lease says rent would be 1.5 times the old rent, that is possibly a problem. But I'd leave that for another day and see how everything else pans out. I would consider that a negotiable point.

So the question is, do you want to stay? Do you want a new lease? Or are you planning on leaving anyway?

As for a 15 day extension, the LL might be seen as correct as wanting to do it on paper (see if your lease says anything about certified mail). But if you intend on moving after 15 days, I wouldn't get bent out of shape about having 15 days on paper. By the time the LL does anything, the 15 days will be long over. You can offer 15 days and he can reject it. Understand he might have your deposit, but many LLs refuse to return deposits for no other reason than they can do it (which is why some tenants hold off on paying the last month's rent). But if you do that, then understand the LL could come after you for any legitimate damages.

[sn0rlaxshadow]

So the situation is that we have a contract signed on an apartment but haven't been able to close it (or will be able to by the end of the month). We definitely want to move out once we close.

[TenantNet]

OK if you're moving anyway, then I wouldn't worry about things like rent history ... unless the LL comes after you for multiple months. You could file a complaint with DHCR for overcharge and failure to provide a RS lease. That could slow the LL down a bit ... but it might not guarantee a win for you.

If you stay after July 1, then he might be within his rights to seek some rent, whether that's an entire month, a month times 1.5 or just half a month, well that's hard to say. You could make a fair offer, but remember he likely has your deposit. You could say "take the extra 15 days out of my deposit."

It comes down to leverage and who has it.

Too many people thing that the law is an absolute and that there are written laws for every situation. There's not. It's about tactics, strategy, and some times intimidation. So you hope to close on something else by the end of the month. So set up a Plan A and Plan B. If you're reasonably certain you will be gone by the end of August, I would consider making a fair offer, but not anything that would undercut your position.