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Lucas A. Ferrara in New York Times Real Estate Section, WHEN A TENANT’S NEW LEASE HASN’T ARRIVED, October 17, 2004.

Q I rent a unit in a condominium building in the Bronx. The current lease ends in a month. The unit owner has not sent a renewal lease despite my inquiries. I am worried that I may receive a lease termination at short notice or that the renewal notice may include an exorbitant rent increase. What protection do I have? O. Lu, Bronx.

A Lucas A. Ferrara, a Manhattan landlord-tenant lawyer, said that without the protections afforded by rent regulation, a tenant is not automatically entitled to a renewal lease unless the current lease specifically provides for such a right.

As a result, Mr. Ferrara said, if a renewal is offered, the letter writer probably can expect to pay an increased monthly rent.

He noted that to avoid the problem the letter writer describes, tenants should try to secure an option to renew when negotiating their initial lease for an unregulated unit.

Mr. Ferrara said that if the apartment is not vacated by the time a lease ends, the landlord can begin a court case to evict the tenant.

If the landlord prevails, he said, in addition to issuing a warrant of eviction authorizing the tenant's removal, the court could award the owner a money judgment for all unpaid rent at a fair-market rate, together with reasonable legal fees incurred by the owner if the expired lease contained an enforceable provision for legal fees.

“As a result,” Mr. Ferrara said, “if the letter writer does not hear from the landlord before the expiration of the lease, it may be wise to assume that the lease will not be renewed, and arrangements should be made to secure alternate accommodations.”

 




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