Landlord Offered Lease on Time

Tenant complained that landlord offered her an improper renewal lease. The DRA ruled for tenant and ordered landlord to offer her a proper rent-stabilized renewal lease, to be effective not less than 120 days after such offer is made. Landlord appealed and won. Tenant assumed that her prior lease, which started on May 1, 1984, had ended when landlord sent her a three-day notice for nonpayment, but landlord can't terminate a lease by himself; a court must do it. Tenant's lease was in effect, and the renewal notice sent before tenant's April 30, 1986, lease expiration was timely. The DRA's order was revoked, and a two-year renewal was deemed to have taken effect on May 1, 1986.

Albert: DHCR Adm. Rev. Dckt. No. BI 110091-RO (9/1/95) [2-page document]