Hello. My name isXXXXX will be happy to answer your question.
Welcome to JustAnswer.com
I am sorry to hear about your difficult situation.
Can you please tell me when does your current lease expire?
My current lease expires in NOvember
My landlord states he has begun paperwork to evict me and has deposited my last 3 rent payments.
Does your current lease have any type of renewal option?
sorry..he has NOT deposited my last 3 payments
1 year or 2 year at the end of the term
Does it state that you have the right to renew?
or is it up to the landlord to agree to renew?
I am not certain. I do not have the lease in front of me.
Well, can you please check on that and get back to me?
It is extremely important what your lease actually states about renewal
I understand. I happen to be at work and do not have it with me. Can you what would happen either way, whether I have the right to request or if the landlord must agree to renew.
Unless your lease clearly states that you have the right to renew your lease, regardless of any issues during the duration of the lease, such as late payments, etc...then the landlord would be no under any legal obligation to renew your lease.
Is your rental unit rent-controlled or rent-stabilized?
it is rent controlled.
Are you sure about that?
How long have you been living in this unit?
for 6 years
And you are sure it is rent controlled?
I want to make sure that you do understand the legal definition of the rent controlled apartments, which have no been established in the last decade.
sorry..it is rent stabilized
and you rented it only 6 years ago?
I lived in there for 7 years. 1st year with someone else and then my name was put on the lease so that would be 6 years. I just wanted to clarify.
So the person that you lived with, how long did that person lived in your current apartment?
Is your apartment located in Manhattan?
I would say about 7 years. My name is XXXXX XXXXX one on the lease now as she only lives in the state a few months out of the year.
It is located in brooklyn 11217
So the landlord has accepted your rent and currently you are current on your rent payments?
What is the amount of your monthly rent now?
Current rent is $1651.70. He has accepted the rent checks. He has not deposited the last 3 months remitted to him. I asked him why a few days ago and he said he has begun paperwork for eviction as I am consistently late with the rent. I do admit I am late off and on throughout the years but I am not outstanding with any payments.
How sure are you that you are in a rent stabilized unit? The amount of rent that you have to pay, sounds way high for any type of stabilized rent unit...
I looked it up on the NYC.gov website and it is listed as rent stabilized.
What is listed as rent stablized?
He increased the rent from $1200 to $1400 because the bathroom 6 years ago and it was the terms of the new lease. I have doing 2 yr renewals and the last few years 1 yr renewals. Apparently, he can increase the rent at every renewal.
Did you check the address for your actual building?
The apartment building I live in is listed as rent stabilized.,
yes i did
It is pdf of all borough rent stabilized buildings
Well, the landlord can increase rent every year by about 16% in rent stabilized buildings
Which is legal.
Have you been served with an eviction notice yet?
Did the landlord personally accepted checks from you or you simply mailed it the rent checks to the landlord?
No eviction notice yet. I hand deliver them as he lives in a brownstone on the same street. His assistant confirmed reciept of them.
She told me that she was told not to deposit them.
Well, this is an issue.
If you were late with the rent and the landlord did not cash your checks, the landlord would have legal grounds to file for an eviction and it would appear that is what your landlord is doing.
Does this make sense?
ok. So him not depositing them gives him the legal right to file eviction papers?
I see. Is there anything I can do?
If the checks were not tendered on time, however it is likely the landlord will only pursue an eviction once your lease expires.
That is why I have not recieved the papers yet.
Well, there is not much that can be done legally, since if your defaulted or were late on your rent payments, then the landlord would not have to renew the lease.
The best thing to do is to consult and hire local landlord tenant attorney and to have this attorney try to negotiate another lease with the landlord, possibly by assuring the landlord of a timely rent payment, but direct deposit, post dated checks, etc...
And if he refuses?
He can evict me?
But your local landlord-tenant attorney will be able to review all the facts, lease agreement and other documents related to your case and provide you with legal advice on that.
What are the reasons that you have been consistently late with the rent?
II was out of a job for a year October 2011- October 2012 I used mostly my savings to pay rent while doing freelance occasionally as I couldn't find a job. I ironically only became late with payments at the end of last year when my savings ran out. I started working full time again at the beginning of 2013.
I understand, well unfortunately, given the facts, it is important for you to get a local attorney involved to help you address this situation and to defend you in an even an eviction is filed against you.
Thank you for your help. Can you approximate how much hiring a lawyer would cost?
It is difficult to estimate, since each lawyer sets his/her own rate and every case is different and requires different amount of work, but generally it can cost $1,000-$2,000 to have an attorney represent a tenant in an eviction matter.
You can find an experienced local landlord-tenant attorney by using this well trusted and reliable attorney information / referral websites:
I wish you the best of luck and please let me know if you have any related follow up questions.
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Thank you and God bless!
I appreciate the advice and I know that God will help me through this difficult time.
It would be important for your local attorney to find a way to assure the landlord that the landlord will receive his rent payments on time, if he agrees to renew your lease and if that is done, there might be a good chance that the landlord might give in.
Yes..well I do have negotiation points. The current lease states that he is to complete some electrical work in the aprtment and has yet to do that.
I wish you the best of luck!@
Have a good weekend. Bye!
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