Landlord Must Amend Untimely Renewal Lease

January 25, 2016

LVT Number: #26743

Tenant complained that landlord offered untimely renewal leases. The DRA ruled for tenant in part, and directed landlord to amend the commencement date of tenant’s latest renewal lease to March 1, 2014, at 4 percent for a one-year renewal and 7.75 percent for a two-year renewal. This was the first rent payment date occurring 90 days after the date the lease offer was made. Tenant appealed and lost. Landlord complied with the DRA’s order. And it would be improper to amend the prior renewal leases. Landlord and tenant had agreed to those renewals, and they were now expired.

Tenant complained that landlord offered untimely renewal leases. The DRA ruled for tenant in part, and directed landlord to amend the commencement date of tenant’s latest renewal lease to March 1, 2014, at 4 percent for a one-year renewal and 7.75 percent for a two-year renewal. This was the first rent payment date occurring 90 days after the date the lease offer was made. Tenant appealed and lost. Landlord complied with the DRA’s order. And it would be improper to amend the prior renewal leases. Landlord and tenant had agreed to those renewals, and they were now expired.

 

 

 

Lembersky: DHCR Adm. Rev. Docket No. DT210006RT (11/3/15) [3-pg. doc.]

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