Landlord didn't renew lease (apartment, rental, unemployed)

[kat13dawg]

I live in a rent stabilized apartment building in Brooklyn. My lease expired in June 2009, however, I never received a renewal lease from my landlord. The monthly rent statement didn't go up either so I continued to pay the same rent.

My landlord probably just realized that and just sent me a new lease for Jan 2010-June 2010 (yes 6 months). Also, she included a letter saying that I have to pay the different (the increase) from June 2009-Dec 2009. Is it legal to do that? Do I have to pay her the difference for the past 6 months? Also, shouldn't she be renewing my lease from Jan 2010 for 1 yr (not just giving me 6 months)?

I'm not planning to move anytime soon so I don't want her not to use this as an excuse not to renew my lease.

Thanks for your advice.

[UncleHooter]

She should be offering you a one year lease with at least a 90 day advance notice - therefore it would be effective May 1st.

The stabilization laws a quite clear about this.

Contact the DHCR for advice - they are the governing agency and there to help you.

Contact DHCR

[UncleHooter]

And she is required by law to renew your lease - unless you leave on your own, you will always be offered a lease renewal.

[Henna]

This sort of pertains to your situation. I agree that contacting the DHCR is your best bet.

question from DHCR FAQ
My building owners did not offer me a timely lease renewal, as they thought that I no longer used the apartment as my primary residence. They did not prove this in court and now they have to offer me a renewal lease. When does it commence and what are my rights?

Answer
Renewal leases are required to be offered between 90 and 150 days prior to the expiration of a lease.

In this situation, the owners would offer a renewal lease less than 90 days prior to the expiration of the existing lease. Therefore, the tenant has the option of requesting that the lease be dated to start on (1) the date a renewal lease would have begun had a timely offer been made or (2) on the first rent payment date occurring at least 90 days after the date that the owner does offer the lease to the tenant.

The guideline increase to be charged can never be more than the rate in effect on the date in option (1). Whether the tenant chooses option (1) or (2), the new rent shall not go into effect before the first rent payment date occurring at least 90 days after the offer is made.

[kat13dawg]

Thank you...that helps alot!

[kat13dawg]

Another question - if I refused to sign this lease (since it's only for 6 mos), does she have the right to evict me?

[UncleHooter]

Originally Posted by kat13dawg

Another question - if I refused to sign this lease (since it's only for 6 mos), does she have the right to evict me?

No - you can't be evicted.

She can try - but it would be a long, arduous and time consuming process where you would be served legal papers, have to appear in court, etc.

Contact the DHCR so you are informed and then respond to you landlord accordingly.



EDIT - you would have to reach some sort of resolution, however. You can't (and shouldn't) be in the apartment without a current lease.

[Monica Phillips]

My lease is up 6/30/2010, but I haven't received a new lease. I brought it to the rental manager and was told the same thing I was told last year, oh you didn't get it I will check and see, well she's been checking to see for over a week. I beleive they want me out because I've been struggling to pay my rent on time since I became unemployed. They are also harrasing me about missing my rent payment for March, 2009, the first time was November, 2009 and now March, 2010 although I personally went in to the office last November to show proof that I paid it on March 4th, 2009. They also posted my October, 2009 rent in November and instead of my owing rent for March and April, they are now accusing me for owing rent for October, 2009 and the current of April. Could the landlord use this as a reason not to send me a lease renewal?

[victorfox]

If I were your landlord, I'd love to get rid of you. Even though you say you are unemployed which may be out of your control, your hardship should NOT become my hardship.

If your lease starts at the first of the month, you are obligated to pay your rent on the first. By you paying your rent late or paying months later puts you the tenant in default for violating the lease terms which are grounds for eviction/non-renewal. However, being a rent stabilized tenant gives you an unfair advantage over the landlord which makes the situation more complicated to deal with.

[NYer75]

You were late that many times...I would want you out too.