Renewal Lease Must Start Later

June 30, 2007

LVT Number: #19728

Tenant complained of an improper lease renewal. The DRA ruled against tenant, finding that landlord had offered tenant a timely renewal lease. The starting date of the renewal lease was March 1, 2006. Tenant appealed, claiming that landlord didn't offer the renewal lease until April 20, 2006. The DHCR ruled for tenant. Landlord had prepared and sent various versions of the renewal lease offer. But only the one sent on April 20 was sent on the correct RTP-8 form. So the first day on which the lease term for the proper renewal lease offer could begin was Aug. 1, 2006.

Tenant complained of an improper lease renewal. The DRA ruled against tenant, finding that landlord had offered tenant a timely renewal lease. The starting date of the renewal lease was March 1, 2006. Tenant appealed, claiming that landlord didn't offer the renewal lease until April 20, 2006. The DHCR ruled for tenant. Landlord had prepared and sent various versions of the renewal lease offer. But only the one sent on April 20 was sent on the correct RTP-8 form. So the first day on which the lease term for the proper renewal lease offer could begin was Aug. 1, 2006. The DHCR deemed tenant's one-year renewal lease to have started on that date.

Lala: DHCR Adm. Rev. Docket No. UH110032RT (4/12/07) [3-pg. doc.]

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