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I live in a new NYC building built with all units officially "rent stabilized" to give the owners certain tax abatements. We didn't send back the lease renewal form before our previous lease expired. I just talked to the landlord about it. We want to stay on a month-to-month basis, for personal reasons not relevant here. He said he has no problem with that, just "make a note on the lease renewal form that we spoke and I ok'ed it."
My question is, what if any future protections are we are giving up by going to a month-to-month lease in our situation?
I've been researching but can't find anything specifically covering this situation. Some sources seem to imply that if we go month-to-month we would forfeit coverage by the rent stabilization laws, ie the landlord could increase rent however much he wanted. Others suggest that it's just not possible to go to a month-to-month lease.
there is no such thing as a month to month on a stabilized apartment . all leases must be 1 year or they do not exist . i am not even sure you can legally stay in a stabilized apartment if you do not take a 1 or 2 year lease .
the assumption is you are leaving by not renewing and freeing it up .
we inquired about that because we may buy a place next year . they said legally they can't give anything shorter than 1 year but they will let us break it with no penalty. if you check the laws they are correct
PS I'm pretty sure our owner is filling out the renewal lease form incorrectly as well. I've attached snapshots of the form as it was sent to me, with personal information redacted.
Note that in the first page of the actual form they are listing in column B what I think is meant to be the theoretical "market rate" for our unit. I asked their admin if this number in column B should be our current rent, and she said it was "the highest amount they are allowed to charge." When I said that looked very high - almost 2x what I know market rates to be - she said it was "the highest rent in our zip code." I asked her if column F should be checked and line 5 should be filled out and she said no. Instead they list the actual rent in this weird page that they created that contains only the simple table seen below, that they probably created in Word.
Can someone tell me if this is the correct way for this to be filled out and whether there are any risks from having it done this way? Thanks!
i believe by law he has to issue you a lease . he can agree to break it penalty free but i think he has to issue one . the apartment is stabilized and the landlord is bound by those laws whether he wants to be or not. It is like you agreeing to be paid less than minimum wage , you can't do it
Last edited by mathjak107; 08-24-2016 at 04:00 PM..
I live in a new NYC building built with all units officially "rent stabilized" to give the owners certain tax abatements. We didn't send back the lease renewal form before our previous lease expired. I just talked to the landlord about it. We want to stay on a month-to-month basis, for personal reasons not relevant here. He said he has no problem with that, just "make a note on the lease renewal form that we spoke and I ok'ed it."
My question is, what if any future protections are we are giving up by going to a month-to-month lease in our situation?
I've been researching but can't find anything specifically covering this situation. Some sources seem to imply that if we go month-to-month we would forfeit coverage by the rent stabilization laws, ie the landlord could increase rent however much he wanted. Others suggest that it's just not possible to go to a month-to-month lease.
Thanks!
No, he is still bound to the legal yearly rent increase limits.
What changes is that you and/or the LL can give 30 days' notice to end the tenancy, instead of the lease lasting 1 year. To issue a month-to-month contract is optional, some do, some don 't, but you can ask for one if it is important to you. Many renter and LLs prefer a month-to-month tenancy since it is easier to get out of it if something goes wrong. Also, both, you and the LL can end the tenancy without giving any reason.
i am not so sure that is true when stabilized . i believe the landlord is bound by the laws and must give at least a 1 year lease . it can be cancelled if the landlord agrees after x-amount of months but i don't believe not issuing a lease is an option when stabilized . i don't think it can be done legally anymore that two people can agree to work below minimum wage . there are laws pertaining to what happens if the lease is delayed .
i guess the landlord can delay as long as you guys agree but it really isn't legal not to issue a lease .
".If your landlord does not offer you a renewal lease, this does not put you at risk of eviction. Whether or not your landlord offers you a renewal lease, your rights as a rent-stabilized tenant remain the same. The old lease and rent amount remain in effect until a renewal lease is offered and takes effect."
I am fascinated by this, please update us OP!!! But to answer the actual topic question.. The bathroom and kitchen get shuffled around and now you're paying x,xxx for major aquatic psychic disarray!
The deal is that you are free to leave with any 30 day notice, but the landlord is not free to ask you to leave with any notice (he is obliged to give you at least a 1-year deal)
This is a completely one sided bargain in your favor, I have no idea why the landlord would give you that. He probably doesn't realize his obligations
I don't even know how an apartment that is over $2,700 a month can be, "rent stabilized"
Aren't those units usually rented at market rate?
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Renewal Lease Form
