Yearly Rental Lease Agreement

[Tim Lewis]

I have friends in California who are having a difficult time with their landlord and need some assistance. They received a signed Lease Agreement from their Landlord for a lease renewal for an August 2000 to August 2001 lease agreement. They kept it in their files for 60 days thinking it was their copy, but were told it was an original for their signature. They in turn, signed the agreement and returned it with their monthly rental payment. The landlord told them that they had waited too long to return the agreement. Now the landlord is wanting to increase their monthly rent and charging them for other incidentals. He has told them if they don't pay this new amount and incidentals they have 30 days to vacate the property. What is their legal course of action?

 

[LL]

If they have a lease signed by both parties, it is probably binding. Does the lease say anywhere that it is an offer which is open until a certain date? Did they get notice from the landlord that the offer is being rescinded because it wasn't accepted? If not, the the lease is probably valid and binding on both parties.

 

[dj1]

I would agree the landlord had a responsiblity to see why the new lease wasnt signed on the FIRST day of the new term...

Here in NY if an apartment is rent stabilzed the landlord sends a lease 90 days before the end of the term and tenant MUST return the new lease and have it postmaked 60 days before the lease ends, Or else it is considered terminated, when it expires.

If the landlord did NOT send any letters or made it known, he was upset over them not signing the lease on time, then the lease is valid.

 

[LL]

dj seems to think that his agreement is required for anything to get done in the world. Fortunately it is not.

" I would agree the landlord had a responsiblity to see why the new lease wasnt signed on the FIRST dayof the new term... "

Why would the landlord have such a responsibility? Does your belief have any grounding in law? What law?

NY law seems to me to be very backward and patched together.
But in any case, what does NY law under rent stabilization (NY) have anything to do with the present circumstances?

"If the landlord did NOT send any letters or made it known, he was upset over them not signing the lease on time, then the lease is valid. "

The validity of the lease does not depend at all on the landlord sending any latters, or making it known that he was upset over them not signing the lease on time. What is "on time"? Unless the lease was clearly just an offer, and he revoked the offer, the lease is probably valid.