Lease Renewal Questions
Started by waxlion721
over 14 years ago
Posts: 23
Member since: Jan 2009
Discussion about
I have been month to month since July of last year; we never received a renewal last year. This morning a renewal was slipped under the door. It is dated February 1, 2011 and states that the lease will expire on June 30, 2011. Does this make any sense; is it legal? A little background - the manager agreed to issue an adjustment to our account on June 9 to resolve a bookkeeping problem. The adjustment hasn't been made and now the manager says the adjustment will be made after he receives the lease renewal. I love how he ignores our emails for months, but wants next day turn around for the renewal.
It's hardly a rent renewal if the date of termination already passed. I would ignore it. LL has to give you at least 30 days notice to end a month to month lease in NYC. More info on the adjustment might be useful.
There isn't enough information here to understand the situation fully. I would not make another move in this situation without consulting an attorney who solely represnts NYC tenants. A consultation isn't all that expensive. If you can't afford it, you can look on the internet for resources that assist tenants. I would definitely not sign a fradulent document without legal advice.
I assume you pay your rent on Aug 1? Send your check if you haven't already and wait until then (this Monday) to respond. Basically, if you don't receive notice by Aug 1, then you can stay until Oct 1. I.e., they provide notice by Sept 1 for you to leave in 30 days.
I would not sign some past pretend lease. There is no upside for you. I would ask about a lease going forward.
A landlord cannot demand increased rent retroactively unless he/she/it gave timely
notice of the intent to seek such rent: notice given before the increase is to start.
whos your mgmt
The laws are different for rent stabilized tenants vs market rate tenants. Per usual stabilized tenants are afforded more protection. If you are stabilized, management must give you 90 days notice before they raise your rent. (and of course they are regulated as to how high they can raise your rent).
If you are a market rate tenant management must give you 30 days notice before they raise your rent. They can raise your rent to any level or even chose to offer you no lease and force you to move.
I appreciate you replies. To add some pertinent information - the rent hasn't been raised from what we have been paying month to month, so that isn't a problem. The dating of the lease and the pressure to get it back made me wonder if it was on the up and up. I am ticked off that he wants the lease back yesterday, when he can take months to get back to us. Other than not giving us proper notice, I don't think there is anything amiss in the lease.
I signed a 1 year lease at related carnegie park, were perfect tenants, they will not renew our lease stating they want our combined apt to use for the buildings purposes...What are my recourses only a few of us got the non renewal notice
Your lease ran out and the landlord decided not to extend you a new lease.
Why would you think you would have any sort of "recourse"? It's not your property.
Other vacancies in the building? Other openings in Related's portfolio that they could offer you first access to? Extra month or two to stay to help you transition?
Are they discriminating against you because of your status as a _______?
rjw,
Unless your apartment is regulated (meaning rent controlled or rent stabilized) they are under no obligation to provide you with a new lease. Although not necessarily advised, the eviction process is a lengthy one -- if you remain in the apartment past the end of your lease, continue to pay rent, and those rents are deposited/cashed, then the eviction process is even more difficult.
What fieldschester is suggesting is another option -- basically, appealing to management's "nice side." Depending, though, don't bank on them being too forthcoming to bend the rules for you.
If you overstay your lease and eviction proceedings start it could effect your ability to rent in the future plus it could effect your credit record. Not smart to do as most landlords check these things out before renting to a new tenant
I lives at carnigie park and Related was THE WORST to deal with.
I am a LL myself, and I learned how to NEVER treat my tenants....
MAV,
nothing beats a good landlord. Glad to hear you're a GOOD manager. There are so many bad presidents, boards, and owners.
:-)
Related offered another combo in the building, much smaller, same price; offered us an apt in another related building, 3 kids, not safe place to walk, next to methadone clinic, but beautiful bldg, next there may another combo they can do in our bldg, same line, we are 7th fl
i cant image it would be higher, even lower should not impact since we are facing 3rd
3 small kids, a dog, all the reasons we chose family and dog friendly bldg, and long term stay, we have all met those renters who grew up and will die in their current rental...
To move, again, try and find the same school district, pay movers, stress of school as this is a critical year for 2 of the kids
daughter has condition that causes her to pull eye brows and lashes, totally noticeable, can get 3 dr's to agree, this really all started because of a move 4 years ago this will the whole family
plus, legally, 1 year lease, legally binding I almost consider going to the papers but do not want to put my daugher in the spotlight
rjw,
Thanks for the background, but I'm not sure what your (new) question is.
??
Sorry this is a big stressor for you rjw. Sounds like Related is making some efforts but clearly not yet to your satisfaction. Good luck.
The underlying issue here is that your 1 year non-regulated lease without renewal options does not give you the stability you seek, nor any legal leverage for you -- it's a year and you can only hope to renew, rather than plan on staying, after 12 months. Anything else they offer is out of optional compassion or because it independently makes business sense to them. Your record as a perfect tenant is lovely, but short of illegal discrimination you have only your limited market power.
I can imagine how frustrating this is, but the "renters who grow up and die in the same apartment" are, without exception, regulated tenants. The reason they stay that long, price notwithstanding, is that the landlord is required to renew their lease by law.
Getting the press involved (if that's what I'm understanding you to say) is not going to help you. It's also not really fair. Market rate renewals are at the discretion of the landlord. You simply don't have any right to the space.
That said, if you plan to rent long term and don't want to move again, look for stabilized apartments. The cheap ones are yesterday's news, but there continue to be stabilized leases available for apartments nearer to market rate. They aren't generally in luxury buildings (though some may be), but they are out there. It likely won't be a bargain, but my impression is that price is less of a concern for you than stability is. And if you want stability in the rental world, that's the way to go.
I second that.
Call the bar association and ask for a referral for a landlord tenant lawyer. You can get a consultation with the lawyer for $35.00. Sometimes they give it to you over the telephone for no charge.
Any news rjw?r
my lease is about to expire sept 30 im looking for appartment and still did not renew it hoping to find something before if i dont find anything by that date what ae my options if i dont renew (if any )