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I've lived in my apartment that is essentially in shambles for five years now. We have struggled with everything from lack of heat to a rodent infestation to defective plumbing. Our last lease renewal was in July of 2019 and it was for a year, to end on July 31 2020. Obviously last summer was a nightmare for tenants and landlords alike, so we didn't get a lease renewal. We have actually been living without a lease for a year, even though we repeatedly asked for one. My landlord now is asking me if I will be renewing, although my lease expired last year.
My question is, how many days do we have to decide to sign, and legally how many days do we have to move ou if we dont renew? The building is rent stabilized. My understanding has always been that rent stabilized buildings give you at least 60 days to decide whether you are renewing and vacate, but I'm not certain. But she has far surpassed the proposed 90 days to provide us with a lease.
Is she able to put pressure on us to sign a lease within let's say, the end of July or force us out if we don't sign it? I don't know what our rights are but this is such short notice for her to ask if we are renewing and then spring the decision on us.
This is NYC. It'd probably take the LL at least 16 months to evict anyone nowadays with the current backlog. Just tell the LL you need 60 days to decide (if you actually want to decide).
What are you exactly afraid off? Even pre-COVID it took upwards of 10 months for eviction proceedings.
Do you want to move? If so, just look for a new apartment.
“ For New York City rent stabilized tenants, the landlord must give written notice to the tenant of the right to renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires. After the notice of renewal is given, the tenant has 60 days in which to accept”
tenants are still only required to provide 30 days notice of non-renewal
1 - RS renewals must be sent between 90 and 150 days before your existing lease expires. You then have 60 days to accept the lease renewal offer.
2 - If LL did not send you a renewal as per law that's her/his problem not yours.
3 - No matter when sent you have sixty days to either return or refuse lease
4 - Lease renewals begin sixty days after service of papers to sign another lease or indicate will not be renewing (moving out).
Last bit means your latest renewal can only begin sixty days *after* LL has formally and properly sent papers.
Thus if dated 10 July 2021, your new renewal date cannot be before 10 September 2021
5 - Renewal lease must go by terms in effect by RSB at time being sent, not a year ago. So depending upon when your LL gets their act together your increases are governed by rates in effect at that time.
“ For New York City rent stabilized tenants, the landlord must give written notice to the tenant of the right to renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires. After the notice of renewal is given, the tenant has 60 days in which to accept”
tenants are still only required to provide 30 days notice of non-renewal
Thanks for this. I guess my question remains, if the landlord doesn't give this written notice in the aforementioned 90 day time frame, and is asking me to renew a lease on 7/9 that is "up" on 7/31 (even though it was actually up a year ago), do I have the right to those 60 days? I appreciate your feedback.
Thanks for this. I guess my question remains, if the landlord doesn't give this written notice in the aforementioned 90 day time frame, and is asking me to renew a lease on 7/9 that is "up" on 7/31 (even though it was actually up a year ago), do I have the right to those 60 days? I appreciate your feedback.
I already answered that question, but guess you don't want my advice.
Law is clear, RS tenants have sixty days from time of service to send in lease renewal *REGARDLESS*. Said renewal also must be sent a minimum of 90 days but no more than 150 days before current lease expires.
Rent stabilized leases per se do not end just because a tenant fails to sign a renewal. In NYS only courts can evict a tenant, and a LL would have to bring a holdover proceeding in housing court to start eviction due to tenant failure of not signing lease renewal.
No judge in City of New York is going to evict a tenant because a LL failed to send lease renewal that wasn't served properly.
Do what you want. Am just telling you facts, but if you want to sign that new lease go ahead.
I already answered that question, but guess you don't want my advice.
Law is clear, RS tenants have sixty days from time of service to send in lease renewal *REGARDLESS*. Said renewal also must be sent a minimum of 90 days but no more than 150 days before current lease expires.
Rent stabilized leases per se do not end just because a tenant fails to sign a renewal. In NYS only courts can evict a tenant, and a LL would have to bring a holdover proceeding in housing court to start eviction due to tenant failure of not signing lease renewal.
No judge in City of New York is going to evict a tenant because a LL failed to send lease renewal that wasn't served properly.
Do what you want. Am just telling you facts, but if you want to sign that new lease go ahead.
I appreciate your advice very much. Your reply was more helpful than any resource I've come across so far and also much more direct. I'm sorry if it appeared that I was disregarding it in any up thread, I hadn't seen your reply when I was replying. I greatly appreciate the time that you took to spell this out for a less informed dummy like me. Seeing those numbers (90 and 150 days) provide me with a much better understanding of things. My landlord has thrown a lot at me in the last few years and done whatever she's felt like without abiding my basic laws and regulations. I definitely don't want to renew but I just want to make sure I'm not rushed into finding a new place and can be more thoughtful with my search.
tenants are still only required to provide 30 days notice of non-renewal
Is this true even if a landlord has sent also tenants a written notice that they require 60 notice of non-renewal and/or someone vacating a RS apt. (if they break the lease)?
Is this true even if a landlord has sent also tenants a written notice that they require 60 notice of non-renewal and/or someone vacating a RS apt. (if they break the lease)?
yes .... those rules are written in stone for stabilized apartments .
you can not over ride them by changing the terms in your own lease ....in fact it is already dealt with in a stabilized lease as you must use a stabilized lease form which already has the terms spelled out by law .
yes .... those rules are written in stone for stabilized apartments .
you can not over ride them by changing the terms in your own lease ....in fact it is already dealt with in a stabilized lease as you must use a stabilized lease form which already has the terms spelled out by law .
Good to know!
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