I have not received a renewal in 3 years. This is something I have discussed on the phone and by certified letter with my management company. As a result, my rent has not increased for 3 years. I had also asked about that--I do not want to receive a bill out for the blue for 3 years of unpaid increases. The managing agent assured me that would not happen--over the phone, I have no written... [more]
I have not received a renewal in 3 years. This is something I have discussed on the phone and by certified letter with my management company. As a result, my rent has not increased for 3 years. I had also asked about that--I do not want to receive a bill out for the blue for 3 years of unpaid increases. The managing agent assured me that would not happen--over the phone, I have no written assurance and now she no longer works there.
I am wondering if I should send in the DHCR "Tenant's Complaint of Owner's Failure to Renew Lease." I would like it on record that it is not my fault I do not have a current lease. But I am afraid the landlord may take it as an opportunity to kick us out or jack up the rent. Also, several tenants think that the company is trying to sell the building. ...any thoughts?
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Response by Aaron2
over 9 years ago
Posts: 1698
Member since: Mar 2012
You won't receive a bill for past months, as when your last lease ended you effectively went on a month-to-month renewal. While you are at risk for either getting a renewal at a significantly higher rate, or being given notice that you have to move, at the same time, you've had stable rent for 3 years -- while most people have been crying about their increasing rents over the same time. Take the cash you've saved and put it aside so you can afford the movers when the inevitable day comes. Until then, why call attention to the fact that you're underpaying?
I was in my former apartment for 25 years. Only 3 formal leases, and minor rent increases. It paid off handsomely over time, and lack of a lease wasn't a problem.
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Response by UES_Ida
over 9 years ago
Posts: 76
Member since: Oct 2015
Aaroon is right. Because your last lease ended without a new one, your new tenancy is a "month to month" - meaning either you or your LL can get out of it with 30 days notice but the rent is what it was during the last lease. This has its pros and cons, as Aaron described, but unless you really need to stay in your current apartment and want to chance an increase, I'd leave it alone with your LL.
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Response by CityRenter
over 9 years ago
Posts: 1
Member since: Aug 2016
Thanks for the advice. I am inclined to leave it as is, but with this hint of a building sale I worry that the new owner will want us to move. Although in that case I think I have a good argument for making them offer us a lease, albeit with an increase. We like the apartment a lot, so we don't want to leave any time soon.
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Response by fieldschester
over 9 years ago
Posts: 3525
Member since: Jul 2013
Under no circumstances if you did not receive a lease can you be liable for back rent increases.
Furthermore if by law you are guaranteed a lease, you can demand one at any time. But you need not demand one until such time as it is beneficial to you to do so. Your landlord can not evict you. Yet you can leave with 30 days notice.
You have the best situation. Don't fret.
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Response by batraa
over 9 years ago
Posts: 55
Member since: May 2008
aaron - how were you able to stay in the same apt for 25 years with only modest increases?
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Response by Aaron2
over 9 years ago
Posts: 1698
Member since: Mar 2012
It was a small building, the landlord wasn't greedy (or resident), and I was a good tenant (shoveled snow, kept things maintained, etc). Landlord had bought the building in the 1970s, raised their family there (configured as single family brownstone), later converted it to 3 units, and paid it off and retired, so it was just extra income for him.
No doubt about it, it was a deal, though by the time I left to say the building was in 'estate condition' would have been generous. A couple bought the building from his estate for a lot of $$ (think Park Slope, 2013) converted it back to single family at great expense, and are hopefully enjoying it, because they may be underwater for a while.
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Response by batraa
about 9 years ago
Posts: 55
Member since: May 2008
those are the best rentals. almost like a rent stabilized place. i was in stabilized places my first 10 years which was great. the last 10 have been unstabilized and i hate the yearly rent battle.
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You won't receive a bill for past months, as when your last lease ended you effectively went on a month-to-month renewal. While you are at risk for either getting a renewal at a significantly higher rate, or being given notice that you have to move, at the same time, you've had stable rent for 3 years -- while most people have been crying about their increasing rents over the same time. Take the cash you've saved and put it aside so you can afford the movers when the inevitable day comes. Until then, why call attention to the fact that you're underpaying?
I was in my former apartment for 25 years. Only 3 formal leases, and minor rent increases. It paid off handsomely over time, and lack of a lease wasn't a problem.
Aaroon is right. Because your last lease ended without a new one, your new tenancy is a "month to month" - meaning either you or your LL can get out of it with 30 days notice but the rent is what it was during the last lease. This has its pros and cons, as Aaron described, but unless you really need to stay in your current apartment and want to chance an increase, I'd leave it alone with your LL.
Thanks for the advice. I am inclined to leave it as is, but with this hint of a building sale I worry that the new owner will want us to move. Although in that case I think I have a good argument for making them offer us a lease, albeit with an increase. We like the apartment a lot, so we don't want to leave any time soon.
Under no circumstances if you did not receive a lease can you be liable for back rent increases.
Furthermore if by law you are guaranteed a lease, you can demand one at any time. But you need not demand one until such time as it is beneficial to you to do so. Your landlord can not evict you. Yet you can leave with 30 days notice.
You have the best situation. Don't fret.
aaron - how were you able to stay in the same apt for 25 years with only modest increases?
It was a small building, the landlord wasn't greedy (or resident), and I was a good tenant (shoveled snow, kept things maintained, etc). Landlord had bought the building in the 1970s, raised their family there (configured as single family brownstone), later converted it to 3 units, and paid it off and retired, so it was just extra income for him.
No doubt about it, it was a deal, though by the time I left to say the building was in 'estate condition' would have been generous. A couple bought the building from his estate for a lot of $$ (think Park Slope, 2013) converted it back to single family at great expense, and are hopefully enjoying it, because they may be underwater for a while.
those are the best rentals. almost like a rent stabilized place. i was in stabilized places my first 10 years which was great. the last 10 have been unstabilized and i hate the yearly rent battle.