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Old 05-30-2015, 12:43 PM
 
7 posts, read 3,924 times
Reputation: 10

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Hi,

I was hoping you would be able to help me.

I live in a rent stabilized apartment in brooklyn for 3 years and I've have been getting this renewal form, with the rent increase three months prior every year, but I have never signed or acted upon it. (I just ignored it). The rent would increase after the year and I'd pay and never worried about anything.

I recently got a renewal notice and I see the rent increase is 1%, which is nice. I believe it was more in previous years.

Anyway, as I understand if I signed this renewal and mail it back I will be entered in an agreement whether one or two years, whatever I choose. Now my questions is: Since I don't do anything, am I free to leave the apartment any date I want, since I did not 'renew' the lease (I guess they can also kick me out any time, I guess it'd go both ways) or the lease renews itself regardless?

Thank you in advanced.

I tried to find this answer in google and I came across this forum, which has a lot of information.

B99
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Old 05-30-2015, 04:03 PM
 
9,958 posts, read 8,450,177 times
Reputation: 5835
Actually, I'm not sure what the LL rights are in this situation, but whether you have a "right" to get out of the apartment whenever you want is basically a moot point. Given the realities of the NYC rental market, your LL would likely to be happy to let you vacate the apartment whenever you like so that he can either rerent with a vacancy increase, renovate it to MCI it over the threshold to remove it from regulation, or warehouse it for future purposes (tear down and build a bigger building, etc.).
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Old 05-30-2015, 05:48 PM
 
Location: Brooklyn New York
15,231 posts, read 23,764,219 times
Reputation: 19861
your LL is an idiot for not contacting you to know whether or not you are renewing the lease. obviously when you pay the new rent he does, but something isn't right there.

Is he a new LL? maybe he doesn't know?

I dont know how to answer your question, but by you not signing the lease, legally, on paper, your techincally not leasing the apartment anymore since the lease has expired?

wouldnt that make sense?
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Old 05-30-2015, 06:54 PM
 
18,288 posts, read 11,673,706 times
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Again if people bothered to search the Internet for solutions instead of seeking legal information from random strangers.....

Fact Sheet #4: Lease Renewal in Rent Stabilized Apartments

Contrary to popular belief not having a signed lease renewal does *not* mean a tenant can be chucked out at will. The LL must still go through the courts to seek an eviction, though in such cases it would be a holdover proceeding instead of say non-payment.

Because the tenant in question has continued to send in the new increased rents and the LL has accepted/deposited same it can be said a valid legal relationship exists. If the tenant had not paid the increased rent and or the LL was not depositing the checks, then that would be different.

What is missing is the tenant has never paid the increase in security that comes with a renewal lease. Again the LL does not seem to be bothered so that is his loss.

Personally IMHO this has to be either one of the most careless NYC landlords or he just doesn't or want to know. Either way I shouldn't press my luck and continue with this cat and mouse game. If the building is sold and the new LL suddenly realizes the OP has not sent in RS renewals there is no telling what he may do.

As for moving out, even with a valid lease there isn't anything to stop the OP. Well yes, the LL can sue for any back rent and or future due on the balance of the lease. However quite honestly unless this is a vermin infested hovel deep in the Hood, he will rent it again quickly. That plus the rent will be higher due to the vacancy increase as well as any work the may do to renovate the unit.

Our building had two tenants leave this month, the first apartment was "redone" and has been rented all in the space of three weeks or less.
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Old 06-01-2015, 10:02 AM
 
7 posts, read 3,924 times
Reputation: 10
Thank you all for your replies. After reading them I thought I should include a bit more information.

- This building has about 60 units and it's located in Bensonhurst, so I'd think they do know what they are doing.
- I'd send the check with the increased rent and also the difference to bring up to date the security deposit.
- I am not planing to move out, but I am single and you never know and I'd be great to know this info. (Since I do not sign a new lease, I'd thought I could move out anytime, but I am not certain of it. I know there are contracts that renew them selves by simply paying the next invoice, so this might be similar)
- I never felt the need to be in a lease since I always pay the rent and I spend a lot of time outside, cause them not trouble, I should be one of their best tenants, but it'd be nice to know that I could move any time.

Regards
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Old 06-01-2015, 10:27 AM
 
Location: Manhattan
20,147 posts, read 26,435,766 times
Reputation: 9029
Quote:

I never felt the need to be in a lease
If and when you receive an eviction notice, you may revisit this need in retrospect.

Quote:

After the renewal offer is made, the tenant has 60 days to choose a lease
term, sign the lease, and return it to the owner. For tenants outside of New
York City, the lease must be returned to the owner by certified mail. If the
tenant does not accept the renewal lease offer within this 60-day period, the
owner may refuse to renew the lease and may also proceed in court after the
expiration of the current lease, to have the tenant evicted.
When a landlord offers you a 1% increase in this market you JUMP at it by signing a renewal, and for two years (at 2.75%.) Don't contiinue the very risky game you are playing. You have nothing to gain and a lot to lose.
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Old 06-01-2015, 10:37 AM
 
7 posts, read 3,924 times
Reputation: 10
Quote:
Originally Posted by Kefir King View Post
If and when you receive an eviction notice, you may revisit this need in retrospect.



When a landlord offers you a 1% increase in this market you JUMP at it by signing a renewal, and for two years (at 2.75%.) Don't contiinue the very risky game you are playing. You have nothing to gain and a lot to lose.
I appreciate for taking the time to reply Kefir King. I understand your point and advise.

I don't want to sound condescending, but since I'm single, It would not be the end of the world if they decide to evict me.

If I am understanding this correctly, It appears that if I don't sign it within 60 days, there won't be a lease.

Regards
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Old 06-01-2015, 03:11 PM
 
Location: NYC
2,724 posts, read 2,866,050 times
Reputation: 4685
Quote:
Originally Posted by brooklynninenine View Post
I appreciate for taking the time to reply Kefir King. I understand your point and advise.

I don't want to sound condescending, but since I'm single, It would not be the end of the world if they decide to evict me.

If I am understanding this correctly, It appears that if I don't sign it within 60 days, there won't be a lease.

Regards
If it's rent stabilized, you have to have a lease. There is no month to month for these units. I think if you fail to reply to the renewal in time, they will just renew you at the new rent for a number of years based on your original lease. Basically, not replying in your case means agreement.
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Old 06-01-2015, 03:32 PM
 
2,054 posts, read 984,917 times
Reputation: 3925
Quote:
Originally Posted by brooklynninenine View Post
I appreciate for taking the time to reply Kefir King. I understand your point and advise.

I don't want to sound condescending, but since I'm single, It would not be the end of the world if they decide to evict me.

If I am understanding this correctly, It appears that if I don't sign it within 60 days, there won't be a lease.

Regards
So you have a back up plan in case you are evicted? Do you have another rent stabilized apartment to go to? Plan to get a bunch of roommates?
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Old 06-01-2015, 07:56 PM
 
18,288 posts, read 11,673,706 times
Reputation: 11916
Quote:
Originally Posted by brooklynninenine View Post
I appreciate for taking the time to reply Kefir King. I understand your point and advise.

I don't want to sound condescending, but since I'm single, It would not be the end of the world if they decide to evict me.

If I am understanding this correctly, It appears that if I don't sign it within 60 days, there won't be a lease.

Regards
No offense but you are being very nave and trusting with a very valuable commodity; a RS apartment. That and your ability to have "affordable" housing. You seem to act as if finding another RS apartment, much less one you can afford would be an easy matter if the worse came to the worst. If that is your financial situation then so be it, Salute!

Has it ever occurred to you to sign and return these RS lease renewals even the most current?

Despite what you are saying cannot believe any serious property manager/landlord who knows what they are doing would let several years of RS renewals simply "slide". Something does not add up my friend. However it usually happens that sooner or later someone does an audit and then seeks to make corrections.

To the best of my knowledge legally you may not have any rights to remain in your apartment. However since your LL has not made a move and accepted your increased payments the whole matter would need to be decided by a Housing Court judge.

Do yourself a favor and sign the most recent renewal and send it in pronto. Or, you can continue seeking advice on the Internet up to and until you are served with Housing Court papers (Holdover proceedings). That will be a whole other kettle of fish as the matter again will lie in a judge's hands.
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