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Only 2 weeks renewal lease notice (%30 raise)

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Only 2 weeks renewal lease notice (%30 raise)

Postby criocin » Thu Aug 14, 2008 2:18 pm

Hello,

I live in a non-regulated (no rent stabilized) apartment for 7 years.

I just got the renewal lease, with a 30% increase. The new lease starts at the beginning of September, so I got the notice with 2 weeks before the new lease is in effect.

I know that "For New York City rent-stabilized tenants, the landlord must give written notice to the tenant of the right to renewal no more than 150 days and not less than 120 days prior to the end of the lease."

For no rent-stabilized tenants there is no law to protect us and the landlord can send the new lease whenever he wants? There is anything I can do?

Thank you
criocin
 
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Joined: Thu Aug 14, 2008 1:54 pm

Postby Cranky Tenant » Thu Aug 14, 2008 2:30 pm

I know that "For New York City rent-stabilized tenants, the landlord must give written notice to the tenant of the right to renewal no more than 150 days and not less than 120 days prior to the end of the lease."


Ninety days. Not 120
From http://www.dhcr.state.ny.us/rent/factsheets/orafac4.htm
In New York City, the owner must give written notice of renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires on a DHCR Renewal Lease Form RTP-8.

Landlords of unregulated apartments aren't bound by such time limits, and to make matters worse, there's no cap on how much they can raise the rent. In fact, they're not required to renew your least at all. Your best strategy is to negotiate.
I'm a cranky tenant NOT a cranky lawyer.
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Postby criocin » Thu Aug 14, 2008 2:48 pm

Thank you...I was affraid of that.

My other problem:
The contract stipulates that I have to gave him 60 days notice if I want to move or I will lose the deposit, but now with 2 weeks left in the contract even if I move by the end of the month (wich is almost imposible) I will lose the deposit?


Thanks
criocin
 
Posts: 6
Joined: Thu Aug 14, 2008 1:54 pm

Postby Cranky Tenant » Thu Aug 14, 2008 3:36 pm

Unless there's an auto-renew clause expiration of the lease constitutes notice. Security Deposits are held against possible damage. LL certainly can't penalize you because he only gave you two weeks notice. Even so, you may have to sue him in Small Claims Court to recover your money.

If you decide to move, take photos showing the condition in which you left the apartment. Get a receipt when you hand over the keys.
I'm a cranky tenant NOT a cranky lawyer.
Cranky Tenant
 
Posts: 1791
Joined: Sat Mar 02, 2002 2:01 am
Location: Manhattan


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