Tenant Didn't Agree to Corrected Lease

LVT Number: 12178

Tenant complained of a rent overcharge. He submitted overlapping leases landlord had given him for different rent amounts. Landlord claimed that tenant's November 1985 lease was supposed to start three months later since the previous one-year lease began in February 1985. Landlord also claimed that tenant had asked for the earlier start date and that landlord didn't charge tenant a rent increase until February 1986. The DRA ruled for tenant, and landlord appealed. Contrary to landlord's claim, tenant didn't agree to the corrected lease dates.

Tenant complained of a rent overcharge. He submitted overlapping leases landlord had given him for different rent amounts. Landlord claimed that tenant's November 1985 lease was supposed to start three months later since the previous one-year lease began in February 1985. Landlord also claimed that tenant had asked for the earlier start date and that landlord didn't charge tenant a rent increase until February 1986. The DRA ruled for tenant, and landlord appealed. Contrary to landlord's claim, tenant didn't agree to the corrected lease dates. Tenant instead disputed that the lease starting on February 1986 was valid. The DRA properly disallowed any rent increase for this lease since it began before tenant's prior lease had expired.

Leon Brandel/1622 Realty Corp.: DHCR Adm. Rev. Dckt. No. EB210380RO (10/30/97) [3-page document]

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