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New owners not renewing lease -- short notice to leave?

Rights for non-regulated tenants

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Postby TenantNet » Sat Dec 22, 2012 3:25 am

Filing a complaint with DHCR will not get you on the blacklist. Even the commencement of a court proceeding should not get you on the blacklist. What gets you there is a decision in the LL's favor. The whole issue of the blacklist is an evolving issue. See the thread in the Reference section of this forum for information on that. Most tenant attorneys can tell you the latest on that.

Whether you keep paying rent or not is part of a thought-out legal strategy. There are times to do that, and times to not. See what the lawyer says about that.

Right now, you want to get a consultation with an attorney. He or she should give you an assessment of your situation and of your legal rights, and outline your options. Normally I would suggest getting more than one opinion. Consultations are usually at a reduced price and some lawyers will do it for free. They will also outline what they can do and what they will charge. Understand upfront that going into a protracted trial can get expensive and there are many parts of all this you can do for yourself (like file with DHCR).

In cases where my landlord has gone against me, there have been times I hired a law firm for full representation, and there have been time where I do 90% of the work (because I'm experienced) and they just look over my shoulder and give pointers. It also depends on what your skills are when it comes to writing, analyzing, following deadlines, etc.

I know you feel pressure to respond to the LL everytime something comes up. For now I would be quiet until you get a better position of your options and strategy.

One part of all this I haven't mentioned is your fellow tenants. Talk to them about the history of the building. Is there a tenants association? Are other tenants planning on staying or fighting? And if there's a string case for the units in the building being under RS, then I would consider the next tenant after you. The reason you're being forced out is because no one until now has challenged what the LL is doing.
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Postby enro » Sat Dec 22, 2012 9:10 pm

Thanks for the tips. I'll see what I can dig up.
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Postby TenantNet » Thu Dec 27, 2012 10:13 am

Correction

I was informed that I gave some incorrect advice above. I said the LL must give you a 30-day notice before commencing a holdover. That is incorrect. I was thinking of something else, sorry.

As was told:

"That 30-day requirement only applies if the tenant offers rent and the landlord accepts rent after the lease expires -- then a month to month tenancy is created. But if a lease expires and no rent is accepted by the LL, no advance notice is required from the LL before starting a holdover, because no month to month tenancy has been created."

Sorry about the error.
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Postby enro » Thu Dec 27, 2012 6:50 pm

Okay thanks.
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