Landlord Who Didn't Increase Rent Can't Deem Renewal Lease

Tenant complained that landlord failed to offer him a renewal lease after his last lease expired on May 31, 2002. Tenant said he continued to pay $899.56 since then without a lease. He also claimed that landlord now tried to raise his rent and collect back rent without a renewal lease. Landlord claimed that it offered tenant a timely renewal lease starting June 1, 2005, that tenant failed to respond, and that landlord properly deemed a renewal lease from June 1, 2005 to May 31, 2007 at a rent of $958.03. Tenant said he never received this renewal lease and landlord didn't start charging him any rent increase until June 1, 2006. The DRA ruled for tenant and ordered landlord to send tenant a renewal lease based on the $899.56 rent. Landlord appealed and lost. Even if landlord had offered the renewal lease on time, which tenant denies, landlord waived the right to deem the lease renewal by not charging the rent increase starting June 1, 2005.

Pharos Realty, LLC: DHCR Adm. Rev. Docket No. VD110016RO (7/18/07) [3-pg. doc.]