My apartment one year lease expired 2014 and the landlord failed to furnish a lease for 2014 -2015. In 2015, they will only furnish a lease by trying to charge last year rent increase which was 1yr -4% and 2 yr - 7.75%. They refuse to do the 2015 rent increase 1yr -1% and 2 yr - 2.75%. Also they failed to produce a lease 90 days prior. They were harassing me over the phone 2 days before the lease should expire again and I refused to discuss such matters over the phone. I filed a complaint against them with the DHCR. I have always and continue to pay my rent on time..I certified my last payment because I don't trust them...I fear that they may not cash my last payment and claim that I am not paying them..please advise proactive steps I may take on this matter..thank you!
Dear Brooklyn Tenant:
I depends when your 2014 lease expired. If the lease ended before October 1, 2014 the rent increase allowed by the Rent Guidelines Board in effect for 2013-2014 would control the legal allowed rent increase, when your renewal lease period would start. If after September 30, 2014, the current RGB order (1% and 2.75%) applies.
Since your landlord did not make a proper offer of lease renewal before the lease expired, the landlord missed the window period for offering a lease renewal for the rent increase allowed by the 2013-2014 RGB order. There are some complex rules that apply to the tenant's lease renewal choices when the offer was made late and already after the start of the new lease period had the landlord made a proper and timely offer to renew.
Note: All offers of renewal lease must enclose the current year issue of the Rent Stabilization Rider and show the calculation for the new rent in the renewal period. If the landlord did not provide the Rent Stabilization Rider (even were the lease renewal OK otherwise) the lease renewal offer is not proper. You now have done what you did not do when the landlord missed your window for a lease renewal and filed a complaint for an improper renewal.
Read more at: http://www.tenant.net/phpBB3/viewtopic.php?f=3&t=3186
You must make a correct decision since a landlord may treat the lease as not renewed if the tenant does not return a signed lease renewal offer. If you have an obligation to sign the offered lease but do not, the landlord has a right to evict for that reason. So filing the lease renewal complaint with the DHCR is a good start. You may also consider hiring an attorney.
The calculation date for the start of the new lease term is a significant legal event. Tenants and landlords make miscalculations often when dealing with a late lease renewal offer.
See the trouble for the landlord at: http://leagle.com/decision/In%20NYCO%2020100128320.xml/SANTORINI%20EQUITIES%20v.%20PICARRA
See the trouble for the tenant at:http://leagle.com/decision/In%20NYCO%2020141028322/M%20&%20M%20PLAZA%20ASSOC.,%20LLC%20v.%20PUSEY
The Rent Stabilization Code provides the rules for a late offer of a renewal lease.
See: http://www.nyshcr.org/Rent/FactSheets/orafac4.htm
If your lease expired in 2014 but you remained in the property and if the landlord continued to accept rent, there has been created a 'month-to-month' tenancy. Either side may terminate the month-to-month arrangement by giving 30 days notice to the other party. As such, the Landlord can terminate any lease rights you may have. Unless this is a rent controlled or rent subsidized unit, the landlord is then free to charge whatever rent he wants (can get). Since it may be in your best interest to stay in the unit and it is certainly in the LL's best interest to have someone renting, you may want to try to negotiate the best deal you can make.
I agree with Mr. Brotman, and I would add that if you are concerned they will claim they never received payment, start sending the payments by mail with signature confirmation and tracking. That way you can always indicate when it was received and who signed for it.
