According to the Rent Coach at Brickunderground.com, it is possible to do so as long as the tenant negotiates it before moving in. That way he or she has more leverage with the landlord. He advises, during negotiation, renters ask to include a renew option as well as an escalation clause (it specifies how much rent increase is permissible should the tenant decide to renew the lease).These options give them a "contractual right to renew at terms agreed on now".
Monday, November 21, 2011
Thursday, November 17, 2011
Owner of the condo unit verbally promised that the tenant can have a pet. But the building management says no.
Condos or coops have bylaws that may have different rules for owners and renters. So they may allow owners to keep pets (the thinking behind that is owners will take better care of their properties than their renters will) but deny that privilege to their tenants. In both condos or coops, the board establishes rules that all owners and tenants in that building must follow. So any verbal assurance other than what's written in the lease means nothing. Always make sure to read the building's bylaws or house rules before renting a unit in a condo or coop to prevent any future surprises.
Wednesday, November 16, 2011
Security Deposits
-Landlords require security deposits to protect themselves financially against any unpaid rent or damages done to their apartments beyond the normal wear and tear.
-The money cannot be used for basic cleaning and repainting.
-It must be deposited in an escrow account separate from the landlord's personal funds (mixing security deposit and personal money is illegal in New York state)
-Each tenant must be notified in writing of the bank's name and address and amount of the security deposit
-Landlords of apartment buildings with 6 or more units must put all security deposits in interest-bearing New York bank accounts; 1% of the interest money can be used toward annual administrative expenses and the rest belongs to tenants that can be applied to their rents or paid them annually or at the end of their lease terms. Landlords of 6 or less unit buildings also have to follow the same rules if they deposit the money in interest-bearing accounts
-If the building is sold, all security deposits must be transferred to the new landlord, or returned to the tenants (who should be notified of the sale).
-At the end of the year, landlords may ask for tenants' W-9 forms to document for tax purposes the interest earned on security deposits for that year.
-The money cannot be used for basic cleaning and repainting.
-It must be deposited in an escrow account separate from the landlord's personal funds (mixing security deposit and personal money is illegal in New York state)
-Each tenant must be notified in writing of the bank's name and address and amount of the security deposit
-Landlords of apartment buildings with 6 or more units must put all security deposits in interest-bearing New York bank accounts; 1% of the interest money can be used toward annual administrative expenses and the rest belongs to tenants that can be applied to their rents or paid them annually or at the end of their lease terms. Landlords of 6 or less unit buildings also have to follow the same rules if they deposit the money in interest-bearing accounts
-If the building is sold, all security deposits must be transferred to the new landlord, or returned to the tenants (who should be notified of the sale).
-At the end of the year, landlords may ask for tenants' W-9 forms to document for tax purposes the interest earned on security deposits for that year.
Monday, November 14, 2011
Tenant moved out with a 30 days notice - which was allowed in the contract - before the six month lease expired. Now the landlord won't return the security deposit.
A security deposit can only be used to compensate the landlord for unpaid rent or damages done to the apartment beyond the normal wear and tear. If the tenant leaves the apartment in the same condition when he/she moved in and provides the required 30 days notice, then the landlord has a legal obligation to give back the security deposit. If he or she refuses to do so, then the tenant should do the following:
- Contact the Consumer Frauds and Protection Bureau of the New York Attorney General's Office
- File a complaint with the New York State Division of Housing and Community Renewal
- File a claim in small claims court
- Notify the landlord that the above steps will be taken; sometimes that's enough to force the landlord to comply
- Contact the Consumer Frauds and Protection Bureau of the New York Attorney General's Office
- File a complaint with the New York State Division of Housing and Community Renewal
- File a claim in small claims court
- Notify the landlord that the above steps will be taken; sometimes that's enough to force the landlord to comply
Thursday, November 10, 2011
When choosing a roommate
Treat this as if you were a landlord renting your apartment to a tenant.
1) Make sure the roommate makes at least three times his/her portion of the monthly rent.
2) Verify he or she has a good credit score of 650 or higher. Have the potential roommate give you his/her credit score along with the report so you don't have to run the credit checks yourself. Both credit scores and reports can be ordered from any of the three national credit monitoring bureaus: Transunion, Equifax and Experian. It's a good idea to ask for credit reports from all three bureaus as not every debtor will report claims to all three.
3) Do a criminal background check. There are many tenant screening companies such as Fidelifacts in Manhattan that will provide criminal background reports for a fee.
4) Verify employment status and make sure the person has enough cash in the bank to deal with emergencies.
5) Require a security deposit of at least one month of the roommate's portion of the rent to cover damages or unpaid rent.
6) Go out for drinks and see if the two of you get along well.
7) Once you've found the right person, have him/her sign the lease. It's a good idea to include a provision in the contract that gives you the right to evict the roommate with a 30 days notice if things don't work out.
1) Make sure the roommate makes at least three times his/her portion of the monthly rent.
2) Verify he or she has a good credit score of 650 or higher. Have the potential roommate give you his/her credit score along with the report so you don't have to run the credit checks yourself. Both credit scores and reports can be ordered from any of the three national credit monitoring bureaus: Transunion, Equifax and Experian. It's a good idea to ask for credit reports from all three bureaus as not every debtor will report claims to all three.
3) Do a criminal background check. There are many tenant screening companies such as Fidelifacts in Manhattan that will provide criminal background reports for a fee.
4) Verify employment status and make sure the person has enough cash in the bank to deal with emergencies.
5) Require a security deposit of at least one month of the roommate's portion of the rent to cover damages or unpaid rent.
6) Go out for drinks and see if the two of you get along well.
7) Once you've found the right person, have him/her sign the lease. It's a good idea to include a provision in the contract that gives you the right to evict the roommate with a 30 days notice if things don't work out.
Wednesday, November 9, 2011
Condo owner wants to rent out the apartment without notifying the board
Any condo owner who wants to rent out the apartment should check the condo by-laws and the house rules. In NYC condos, bylaws allow the board to exercise the "right of first refusal" which is the right to deny a prospective tenant based on financial information and criminal background among other factors. Usually condo boards require that owners submit completed sublet application packages, along with prospective tenants' credit checks and pay the move-in-move-out fees. When an owner does not notify the board of the tenant in his/her apartment, the board doesn't get the chance to exercise the "right of first refusal" and can evict the tenant as a result. Furthermore, by-laws may also allow the board to charge fines and legal fees if an attorney is hired to deal with the issue.
Is it normal to manually light the burners in the gas stove?
Modern gas stove burners do not need to be manually lit in order for them to function. They should work when the knob on the gas stove is turned. If the burners don't turn on when the knob is turned, that means they need to be manually lit with a match or another lighting device. In that case, the landlord or the building management company should be notified to fix the problem.
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