Quote:
Originally Posted by London1Queen89
Hello all,
I was ask to submit my documents about 2 weeks ago which I did. My current lease is up in October but my current building is asking me if I am going to renew my lease. They went up $500 on my rent. So I reached out to the contact who asked for my documents to see if I can get an update. I have yet to hear anything. I don't want to turn down my current building in case I don't get the apartment. My question is how long before my lease is up do I need to inform my building that I am moving out and how long to the approval process take after submitting the documents.
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While possible it's highly improbable you will have completed lottery process up to and including lease signing within next 60 days (October).
Check to see if lease renewal papers gave a date by when you must either return signed (with funds covering increase in rent), or notify them you are declining to renew and move out.
https://www.metcouncilonhousing.org/...ate-apartment/
If no such wording exists contact your landlord for clarification as to how long offer (renewal lease) remains open. Since oral agreements aren't worth paper they are printed upon you might wish to get this in writing.
You can be honest with your LL and say while willing to renew lease are actively looking to move (affordable housing lottery or otherwise), thus there may be a chance will need to break a renewal lease if signed. Not all LLs welcome month to month tenants, especially now with rental market quite hot. If LL believes he can get another tenant for your apartment at same or better rent after October, and said tenant is willing to sign a lease for one year....
Then there is being crafty...
Simply sign lease renewal at last possible moment, but continue with lottery process. By law NYS landlords must seek to "mitigate" any losses when a tenant breaks lease early. That is they must at least try to find another tenant before holding pervious to full terms (financially) of said lease. You can also simply be honest and tell LL you've found another apartment if and when lottery unit comes through. In this current red hot RE market your LL likely won't have issue finding a new tenant and will release you from lease.
There are websites where people list apartments they want to get out of leases, and as you might imagine with current hot housing market most don't have issues finding someone.
Finally by NYS laws only court can evict someone from their apartment. If you don't sign renewal lease you'll automatically lapse into a month by month tenant until or if LL brings legal action (hold over proceeding) to remove. As link above explains if you continue paying old or new rent much will depend upon how LL reacts. If they cash those checks/accept payment, then you've established a de facto month to month tenancy. If not, well then you may have issues.