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  1. #1
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    Need Rental Legal Advice:

    Okay, so after being on the most amazing high I've been on since being a cyclone fan, I went down and got the mail. In it I received a letter and a lease renewal for my apartment, the renewal being due on 10/31/2009. Since I'm in a rent controlled apartment, technically they have to send us the lease renewal between 90 and 150 days prior to it being due. Of course, since they failed to do that, they sent us a letter attached saying that we failed to sign the lease and they were returning it to us for signatures. We obviously never received the lease before.

    Again, by state law, we should have the right to continue our lease for 90 days from the time that the lease was offered. However, this company has been incredibly shady since we've been here, and I'm afraid they are going to falsify documents saying they sent us the lease, or delivered it in person and we're going to get screwed. Anyone can backdate word documents, so what sort of proof would they need to show to prove they sent the original lease in time.

    (I'm not screwing around with them for the doubters... We would have left a long time ago due to the crappy service they have, but we haven't been able to afford to move into a new place. Broker's fees in NYC usually equal about two months rent, and we're paying about $1700 a month for a 1 bedroom apartment in an okay neighborhood adjacent to a good one. )

    Anyone that can offer any advice would be much appreciated. Thank you!



  2. #2
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    Re: Need Rental Legal Advice:

    Shouldnt they have to send it in certified mail?



  3. #3
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    Re: Need Rental Legal Advice:

    Is it postmarked? What's the date, did you keep the envelope?

    If it was in you "mail" box and not postmarked, they just violated a federal law and committed mail fraud. I'm not a Lawyer, but I'd say you have a pretty solid case at this point either way they want to look at it. You either have a postmark with a date, or you have a Federal Offense.



  4. #4
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    Re: Need Rental Legal Advice:

    I have a postmark for the one that I received from Friday, but it is a strange post mark. It looks like it was hand stamped with a circle, and says Great Neck, NY USPS in small letters. It sounds like I should be in good shape, but these people are the shadiest company I've ever had to deal with and I don't want to deal with them any more. The good news is that I think I only have to deal with the state as this is officially a rent controlled apartment.



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    Re: Need Rental Legal Advice:

    Quote Originally Posted by BKLYNCyclone View Post
    Okay, so after being on the most amazing high I've been on since being a cyclone fan, I went down and got the mail. In it I received a letter and a lease renewal for my apartment, the renewal being due on 10/31/2009. Since I'm in a rent controlled apartment, technically they have to send us the lease renewal between 90 and 150 days prior to it being due. Of course, since they failed to do that, they sent us a letter attached saying that we failed to sign the lease and they were returning it to us for signatures. We obviously never received the lease before.

    Again, by state law, we should have the right to continue our lease for 90 days from the time that the lease was offered. However, this company has been incredibly shady since we've been here, and I'm afraid they are going to falsify documents saying they sent us the lease, or delivered it in person and we're going to get screwed. Anyone can backdate word documents, so what sort of proof would they need to show to prove they sent the original lease in time.

    (I'm not screwing around with them for the doubters... We would have left a long time ago due to the crappy service they have, but we haven't been able to afford to move into a new place. Broker's fees in NYC usually equal about two months rent, and we're paying about $1700 a month for a 1 bedroom apartment in an okay neighborhood adjacent to a good one. )

    Anyone that can offer any advice would be much appreciated. Thank you!
    Technically....they can do what they want...as long as you get it before the end of the lease....be glad you got it before it was up...they can raise your rental if it was past your lease agreement...sign it and send it back certified so they get it. IF they say they got it after and your rent can raise......then you can say I sent it before my lease was up here is my proof. They have to let you also know 30-60 days prior to raising your rent IF under a lease agreement.


    Last edited by Dave19642006; 10-26-2009 at 02:45 PM.

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    Re: Need Rental Legal Advice:

    If you know a lawyer, or if there is any legal advice around, get it. There may be a place that offers free or reduced legal advice in your area, look around.

    And, play dirty if you have to. They will. Once your opponent has shown that they are not willing to play exactly by the rules, well, you no longer have to either.

    Good luck!


    "Dog Eat Dog"
    Read the news
    Someone win,
    Someone lose

  7. #7
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    Re: Need Rental Legal Advice:

    Quote Originally Posted by Clonefan94 View Post
    Is it postmarked? What's the date, did you keep the envelope?

    If it was in you "mail" box and not postmarked, they just violated a federal law and committed mail fraud. I'm not a Lawyer, but I'd say you have a pretty solid case at this point either way they want to look at it. You either have a postmark with a date, or you have a Federal Offense.
    Not necesarly true....a landlord can drop of information if he is on site with the courier to drop it in your mailbox.....and it not be. Please show me a link otherwise then I will know I was wrong. This is from a carrier.

    ...OPENING mail is a federal offense if it does not belong to you.



  8. #8
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    Re: Need Rental Legal Advice:

    Not to be a jerk, but the best advice I can give you: Don't bank on any advice you get in an online forum. Best of luck to you, though.



  9. #9
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    Re: Need Rental Legal Advice:

    Thank you all for the comments. Luckily it turns out that we are NY State Rent Controlled so I was able to contact the Department of Housing in NY and file a complaint. Legally here, they have to provide us with the lease renewal not more than 150 days or less than 90 days prior to the end of the lease. Since the renewal notice was late, I can continue the terms of my current lease for an additional 90 days.

    Somehow, this rent controlled apartment is going for above market value right now. We're going to take advantage of the 90 days and start looking for another place. We can move into a much nicer area for the money we are spending now.

    I'm looking forward to the threats of eviction when we write our letter. Our landlords are grade A slumlords... For example the latch on the main door to the building broke this weekend and everyone in the building got locked in while everyone out was locked outside... Again, I repeat, no one could get out of the building... Finally we realized we could "buzz" each other out by having one person stand at the door while the other went up to the apartment. (The building is 5 years old). Quality.



  10. #10
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    Re: Need Rental Legal Advice:

    Quote Originally Posted by BKLYNCyclone View Post
    Thank you all for the comments. Luckily it turns out that we are NY State Rent Controlled so I was able to contact the Department of Housing in NY and file a complaint. Legally here, they have to provide us with the lease renewal not more than 150 days or less than 90 days prior to the end of the lease. Since the renewal notice was late, I can continue the terms of my current lease for an additional 90 days.

    Somehow, this rent controlled apartment is going for above market value right now. We're going to take advantage of the 90 days and start looking for another place. We can move into a much nicer area for the money we are spending now.

    I'm looking forward to the threats of eviction when we write our letter. Our landlords are grade A slumlords... For example the latch on the main door to the building broke this weekend and everyone in the building got locked in while everyone out was locked outside... Again, I repeat, no one could get out of the building... Finally we realized we could "buzz" each other out by having one person stand at the door while the other went up to the apartment. (The building is 5 years old). Quality.
    I just did some work yesterday for some people renting a home here in cedar rapids that just moved here from New York.
    They said the renting situation is a big difference, they said getting any work done on a rental in a big pain in the *** there. That the people here are so much nicer and more trust worthy.



  11. #11
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    Re: Need Rental Legal Advice:

    Quote Originally Posted by ia2189 View Post
    Not to be a jerk, but the best advice I can give you: Don't bank on any advice you get in an online forum. Best of luck to you, though.
    You just negated your own advice. Does that mean he shouldn't listen to you?



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