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Should I renew or not?

Discussion in 'Eviction, Recovery of Premises' started by Yue Fang, Nov 19, 2020.

  1. Yue Fang

    Yue Fang Law Topic Starter New Member

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    Jurisdiction:
    New York
    I have owed my landlord large sum of rent since May 2020. They started eviction in court. Because the Covid, court is now closed. I do not have a case number yet. My lease is up Nov 20th. I am not sure what I should do at this point. They are not reducing any rent like buildings all do in NYC. So it's not my best interest to renew a lease. But what is the consequence if I continue to stay without a lease? What is the best for me now? I signed 2 year lease in Nov 2018 Amenities are shut down during Covid. Amenities are not on the lease tho. It was extra club fee. But it's the main reason why I moved into this luxury building. I dont want to move if I dont have to. May I know what is the consequence if I continue to stay after lease expired say for another 6 months? Once I move out, they can not sue me in housing court? Thank you
     
  2. adjusterjack

    adjusterjack Super Moderator

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    I can't imagine any landlord renewing your lease unless you paid all your rent arrears in full. If you don't get a renewal and you remain past 11/20 you become a holdover tenant. If you still aren't paying rent you'll be at the top of the list for eviction when the NY moratorium expires at the end of the year.

    Your landlord can sue you in housing court for back rent whether you live there or not.
     
    hrforme likes this.
  3. mightymoose

    mightymoose Moderator

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    I would suggest it is in your best interest to move as soon as possible before you have an eviction on your record.
    Once you are out the landlord can still pursue you for past due rent, but that is far better than being evicted.
     
  4. adjusterjack

    adjusterjack Super Moderator

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  5. zddoodah

    zddoodah Well-Known Member

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    You need to provide more information for your questions to be answered intelligently.

    Commercial or residential property? Sounds like the latter.

    Which NYC borough?

    What does your lease say happens upon expiration of the lease term? Does it say the tenancy converts to month-to-month?

    Why aren't you paying your rent?
     
  6. Yue Fang

    Yue Fang Law Topic Starter New Member

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    Queens Rent stabilized new luxury building. I have asked. They do not allow me to month to month. No money to pay rent due to Covid
     
  7. adjusterjack

    adjusterjack Super Moderator

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    They might not "allow" month to month but there won't be anything they can do about it until Jan 1.

    Then you get to stay until the end of the year when the hammer comes down on tenants who owe back rent. Unless there is another extension of the moratorium.
     
  8. zddoodah

    zddoodah Well-Known Member

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    You didn't answer all of the questions I asked:

    Commercial or residential property? Sounds like the latter.

    What does your lease say happens upon expiration of the lease term? Does it say the tenancy converts to month-to-month? These aren't questions about what "they . . . allow;" they're questions about what the lease says.

    So...you lost your job because of COVID?
     
  9. army judge

    army judge Super Moderator

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    By the way, the amount you owe to the landlord continues to INCREASE, along with any fees and late charges that APPLY.

    Because your state has a "moratorium" on evictions, you can't be PHYSICALLY removed from the premises today.

    However, one day down the road, that moratorium will be lifted and landlords can go to court and seek an order of eviction to LEGALLY remove (or have you removed) from the unit you are occupying.

    A hearing will be held, and eventually a judge will issue an eviction order directing you to leave the unit or be forcibly removed by a law enforcement official. You'll also be held responsible for all back rent, fees, and late charges due to the landlord.

    If you can, you might start looking for your escape route and where you can seek a safer, more permanent living environment.

    One day, sooner or later, the band has played the music, you have danced, and the band wants to be paid.

    ==========================================

    The Tenant Safe Harbor Act (S.8192B (Hoylman)/A.10290B (Dinowitz)) provides protection from eviction for renters who have experienced financial hardship during the COVID-19 State of Emergency. The legislation prohibits courts from ever evicting residential tenants who experienced financial hardship for non-payment of rent that accrues or becomes due during the COVID-19 period. It would apply to any unpaid rent accrued between March 7 and the yet-to-be-determined date on which all COVID-related restrictions on non-essential gatherings and businesses are lifted.

    This legislation builds upon the protections of the current eviction moratorium. Prior to the Tenant Safe Harbor Act, a tenant who was unable to pay rent during the COVID-19 crisis could be evicted for non-payment as soon as the moratorium ended. Now, because of the Tenant Safe Harbor Act, a court can never use unpaid rent that accrued during the COVID-19 period as the basis for a non-payment eviction of a financially burdened tenant; however, a court could impose a money judgment.

    According to the NYU Furman Center, an estimated 1,156,800 renter households in New York State have at least one worker who lost a job due to COVID-19. Of those households, an estimated 327,000 workers have lost their jobs but are not claiming unemployment insurance benefits; many are ineligible due to their immigration status.

    The Tenant Safe Harbor Act passed the New York State Senate and New York State Assembly on May 27, 2020.

    "Tenant Safe Harbor Act" Sponsored By Senator Brad Hoylman Signed Into Law



    ==========================================
    Governor Cuomo first announced a State moratorium on residential and commercial evictions on March 20 for a period of 90 days to ensure no tenant was evicted during the height of the public health emergency. The commercial eviction and foreclosure moratorium was extended through August 20, September 20 and October 20 by Executive Order. The Governor signed the Tenant Safe Harbor Act on June 30 which became effective immediately and extended the eviction moratorium for tenants until the Emergency expires. Additionally Governor Cuomo signed legislation to provide financial assistance to residential renters to provide relief during the public health emergency. Governor Cuomo also has provided additional protections for residential renters from charges for late payment of rent, and allowed tenants to use security deposits to pay rent for residential tenants by Executive Order.

    Governor Andrew M. Cuomo today signed an Executive Order extending the state's moratorium on COVID-related commercial evictions and foreclosures through January 1. This measure extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants. The extension of this protection gives commercial tenants and mortgagors additional time to get back on their feet and catch up on rent or their mortgage, or to renegotiate their lease terms to avoid foreclosure moving forward.

    Governor Cuomo Signs Executive Order Extending Moratorium On COVID-Related Commercial Evictions Through January 1
     

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