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September 25, 2009
Tenant Refuses to Return Lease
I have a rent stabilized tenant, who's been there many years, who always never returns the renewal lease. In previous renewals I didn't push the issue. But this time I have. She has ignored several emails and phone messages. Today I received her October rent check for the amount with the RGB increase but still no lease.
I don't want to go through the legal hassle with the expense and time involved in that. Especially because there is no penalty to the tenant for breaking the law (incredible isn't it?). I guess I'll have to personally knock on her door to get a response from her. So annoying.
Why is it that dealing with the market-rate tenants is usually so much easier? Anyway just had to get this off my chest.
Comments
And exactly why is knocking on the door and talking with your tenant a bother? And she's "breaking the law" by not returning your lease? Hmmm...
Posted by: cmu at September 25, 2009 1:02 PM
As a landlord, I'd say that if you received the October rent check today (September 25!), you are in pretty good shape! I'd like a tenant like that!
Posted by: henrycurtis at September 25, 2009 1:14 PM
right, so what difference does it make whether you have signed lease. You are getting the increase in rent. You are receiving the rent. Terms of old lease remain. So - she could move out before end of lease...but so what...How is that so different than moving out now?
sound too anal.
Posted by: Petebklyn at September 25, 2009 1:17 PM
That's funny. Starfish are these the people with the crazy dog(s)? Are you trying to sneak in a modified pet clause? Forget it! It is too late. Short of the dog killing and eating it's own owner you are stuck with them forever!
Posted by: modsquad at September 25, 2009 1:23 PM
muhahaha!
Posted by: modsquad at September 25, 2009 1:25 PM
I dunno... the OP could either be too anal/invested in being right, or they could be sensing a small power play and feeling (rightly) like they should nip it.
I would look at this in context. If everything else is fine (tenant pays on time, is good about communication in other matters, etc) then I would chalk it up to my own anality and let it go.
If there are a million little things like this, and if I've always got this nagging suspicion that the tenant is trying to withhold or game me, then I would go talk to the tenant and get the lease back, and generally start a program of behavioral modification on that tenant in which I start establishing much clearer expectations, and follow through on unmet expectations fairly and consistently.
Posted by: vanburenproud at September 25, 2009 1:27 PM
If you have a problem knocking on your tenant's door then maybe you shouldn't be a landlord.
Posted by: daveinbedstuy at September 25, 2009 2:16 PM
as long as the rent is being sent and cashed......that is your contract right there
Posted by: Ysabelle at September 25, 2009 4:04 PM
my old landlord would send a letter stating that because the lease was not returned the lease would be renewed for the usual renewal time. This confirms the lease and the tenants check confirms the contract.
Posted by: tsarina at September 25, 2009 4:31 PM
If it were me, I would not have deposited her check, I would have sent a final demand via certified mail stating that if I didn't get receive signed renewal lease by x date, I would consult my attorneys with a view to commencing a holdover action in Housing Court. I doubt the Court would evict her for not signing the lease and returning it to you, but the threat should be enough for her to comply. BTW, your on pretty shaky ground because you let it slide in previous years. In my view if a tenant doesn't return the lease, they become a month to month, but I'm not a lawyer and I don't know what the Rent Stabilization Code says about this.
Posted by: bohuma at September 26, 2009 9:01 AM
From the Rent Guidelines Board:
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.
Bohuma: Sounds like you could start eviction proceedings, if successful you could renovate the apartment and destabilize it.
Posted by: bohuma at September 26, 2009 9:04 AM
Sorry to be posting thrice in a row. My feeling is that you've probably shafted yourself for this year, however, for next year you should be very precise. Next year send the lease renewal as required by the RGB. On day T -59, if your rent stabilized tenant hasn't returned the signed lease, send her a notice to vacate. Do not negotiate. Get legal advice, but make sure you move to evict her. Once she's out, you get a vacancy increase, then, renovate the apartment. You are allowed to add 1/40th of the cost of renovations to the legal monthly rent Once the legal monthly legal rent is over $2000, you can destabilize the apartment, which means you don;t have to offer an automatic lease renewal. I strongly recommend this course of action, if you can get out from under rent stabilization you will be much better off. BTW, don't give your tenant a head's up on what you're doing.
Posted by: bohuma at September 26, 2009 6:57 PM
that is incomplete info on destabilizing rent when over $2000.
And again, what is the big deal whether you have a signed lease or not?
Posted by: Petebklyn at September 28, 2009 9:20 AM
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