Submitted by strombolibasedgod t3_10q31ek in nyc
[removed]
Comments
strombolibasedgod OP t1_j6njs34 wrote
That's not how the law works, but thanks for your input.
HamsterCultural3081 t1_j6nk70z wrote
The burden of proof is on you. I am sure your landlord has a copy of the new lease agreement that you didnt accept. Thats 100% how the law works. Youll just be evicted and have a judgement placed against you for the unpaid rent.
myassholealt t1_j6nklij wrote
If I recall correctly once a lease expires you fall into a month to month situation if a new lease wasn't signed or offered. Technically you're now a month to month tenant at the old rate. So no rate increase and thus no 60 day notice requirement since your lease is now officially expired.
And I think being month to month also alters the notice rules after which you can be asked to leave. I would look up the notice rules and set that as my timeline to leave. Cause taking the April deal also means taking the increase.
Mentally put yourself in the mindset that you have to gtfo, and start making decisions about that. Look up the month to month notice rules so you know your rights. And as a last resort contact a lawyer to advise you. A few hundred dollars for a meeting is worth the stress alleviation it can provide once you know where you stand legally.
myassholealt t1_j6nlhop wrote
Surely he has to show proof the lease was sent to you. Anyone can just type up a lease and print it right before a hearing and say see judge here's the lease I offered 60 days ago! They're lying, not me!
strombolibasedgod OP t1_j6o1eee wrote
If the landlord of the non-regulated unit intends to renew the lease with
a rent increase of more than 5%, or does not intend to renew the lease,
they must provide advanced written notice:
• If you have lived in your apartment two or more years, or if you
have a two-year lease, your landlord must provide you with 90
days advanced written notice before raising your rent or not
renewing your lease;
• If you have lived in your apartment for more than one year, but
less than two years, your landlord must provide you with 60 days
advanced notice before raising your rent or not renewing your
lease; or
• If you have lived in your apartment for less than one year, or have
a lease for less than one year, your landlord must provide you with
30 days advanced notice before raising your rent or not renewing
your lease. (Real Property Law § 226-c)
HamsterCultural3081 t1_j6ph2sw wrote
Good luck in court bro. Because youve already chosen that route
HamsterCultural3081 t1_j6nijw2 wrote
Sounds like he gave you the terms of the new lease and you didnt accept them. You really can't proove that he didnt give you the new lease agreement terms. You should move out today.