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See
also Leases-General FAQ's
Am
I guaranteed a renewal lease in my unregulated apartment?
Except
for rent regulated apartments, a tenant may only renew the lease with the
consent of the landlord. A lease may contain an automatic renewal clause.
In such case, the landlord must give the tenant advance notice of the existence
of this clause between 15 and 30 days before the tenant is required to notify
the landlord of an intention not to renew the lease. (General Obligations
Law §5-905)
Tenants
who do not have leases and pay rent on a monthly basis are called month-to-month
tenants. In localities without rent regulation, tenants who stay past the
end of a lease are treated as month-to-month tenants if the landlord accepts
their rent. (Real Property Law §232-c) A landlord may raise the rent
of a month-to-month tenant with the consent of the tenant. However, if the
tenant does not consent, the landlord can terminate the tenancy by giving
appropriate notice (Real Property Law §232-b)
In
New York City, the landlord must serve the tenant with a written termination
giving 30 days notice before the expiration of the term. The notice must
state that the landlord elects to terminate the tenancy and that refusal
to vacate will lead to eviction proceedings (Real Property Law §232-a).
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I
am a rent stabilized tenant - do I have the right to a lease renewal?
Although
there are some exceptions, tenants in rent stabilized apartments have a basic
right under state law to select a lease renewal for a one or two year term.
The landlord must give written notice to the tenant of the right to renewal
no more than 150 days and not less than 90 days prior to the end of the lease.
For more information on your right to renewal, check out the fact
sheet.
If
you have a valid lease and have paid your rent on time, a landlord cannot
evict you. According to state law, a tenant who is put out of his/her apartment
in a forcible or unlawful manner is entitled to recover triple damages in
a legal action against the wrongdoer. Landlords in New York City who use
illegal methods to force a tenant to move are also subject to both criminal
and civil penalties. Further, the tenant is entitled to be restored to occupancy.
(RPAPL §713, ó853). More information on harassment can be found in a fact
sheet.
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How
much can the landlord raise my stabilized apartment rent?
Please
see the FAQ section on Rents and Rent Increases here.
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How
far in advance of the expiration of my rent stabilized lease must I be
offered a renewal lease, and how long do I have to return the lease?
The
owner of a rent stabilized building is required to send you a lease renewal
between 90 and 150 days before your existing lease expires. You then have
60 days to accept the lease renewal offer. If you wait longer than 60 days
the landlord can refuse to renew your lease and could move to evict you after
the lease expires. For more information on lease renewal in rent stabilized
apartments see the fact sheet. More information
on eviction can be found in the resources section of our website here and here.
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I sometimes pay my rent late - will this affect
my stabilized renewal lease?
The
only way your landlord can deny you a renewal lease is through eviction in
Housing Court. Following appropriate notice, a landlord may bring a summary
nonpayment court proceeding to evict a tenant who fails to pay the agreed
rent when due and to recover outstanding rent. More information on eviction
can be found in the resources section of our website here and here.
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My
landlord has not sent my renewal lease - what should I do?
If
your apartment is rent stabilized, you have the right to a lease renewal.
The owner must give written notice of renewal by mail or personal delivery
not more than 150 days and not less than 90 days before the existing lease
expires. The offer to renew the lease for New York City tenants must be on
a Renewal Lease Form [DHCR form RTP-8].
If
your landlord has not contacted you yet with your renewal lease, you may
wish to speak to him/her. To be certain your apartment is rent stabilized,
you may wish to call the Division of Housing and Community Renewal (DHCR),
the state agency that administers the rent laws, at (718) 739-6400 or (212)
961-8930. If it is, and you haven't received your renewal lease during the
proper timeframe, you may want to file a complaint with DHCR. Contact them
to file a complaint, or go to their website for a copy of the form
RA-90, Tenant's Complaint of Owner's Failure to Renew Lease and/or Failure
to Furnish a Copy of a Signed Lease.
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I
didn't return my renewal lease in 60 days - can I be evicted?
Under
the rent stabilization rules, your landlord must mail you a lease renewal
90 to 150 days before your lease expires. If you waited longer than 60 days,
the landlord can refuse to renew your lease and could move to evict you after
the lease expires. For more information on lease renewal in rent stabilized
apartments see the fact sheet. More information
on eviction can be found in the resources section of our website here and here.
However,
if the landlord did not offer a timely renewal to you, that is, did not offer
the renewal between 90 and 150 days prior to the expiration of the lease,
that could be a mitigating factor. So if this is the case, you should probably
call the landlord and say that you want to remain in the apartment. If he
objects, you might remind him that he failed to send a timely renewal, and
that if he attempts to evict you at the end of your lease you will use this
in your defense. If the landlord insists on renting to someone else, you
should probably consult with an attorney regarding the "late renewal" defense
and whether this would stop an eviction action by your landlord. See the fact
sheet on lease renewal in rent stabilized apartments for more information.
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How
can I find out if my vacancy lease rent increase is correct?
In
order to find out what the prior tenant was paying you need to go to the
New York State Division of Housing and Community Renewal (DHCR). (Call 718-739-6400
or 212-961-8930 for the location of the nearest District Office.) You will
want to ask for the rent history for your apartment. In order to obtain the
rent history you will have to prove that you are the tenant in that unit
because rent information is only given to the owner of the building and the
tenants in place. Proof of tenancy is a copy of the signed lease, a telephone
bill, etc.
Once
you have the prior tenants' rent, you can see if the vacancy increases were
applied correctly to the prior tenant's rent. Information on vacancy lease
increases is available here.
You can also use our vacancy lease calculator.
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Can
you help me decide between a one and two-year lease?
The
lease renewal rates enacted by the Rent Guidelines Board tend to change each
year based in part on the Price Index of Operating Costs (PIOC)
study. The PIOC measures the change in costs
paid by landlords, and is thus similar to the Consumer Price Index -- a Consumer
Price Index that measures the costs of running and maintaining rent stabilized
buildings. However, the Board considers all six of the annual reports prepared
by the RGB staff, as well as testimony presented to the board at public meetings,
hearings and in writing. It is best to consider each year's guidelines individually
before making your renewal lease length decision.
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Disclaimer: By
providing answers to frequently asked questions the staff of the Rent
Guidelines Board attempts to clarify the often complex programs and
regulations governing landlord tenant relations in NYC. However the
information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board. Nor
should this information be used to substitute for advice of legal counsel.
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