By: Adam Leitman Bailey March 1st, 2006 Many owner and tenant lease forms we’ve looked at have a big loophole: They don’t classify all of the tenant’s lease costs—other than base rent (and for retail tenants, percentage rent)—as “additional rent.” Typically, a lease requires the tenant to pay many costs in addition to its base Full Article…
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Use Get-Tough Lease Clauses to Discourage Chronic Late Rent Payments
By: Adam Leitman Bailey August 1st, 2005 It’s exasperating when a tenant repeatedly violates the lease by failing to pay its rent on time but then cures—that is, fixes—each violation by paying the late rent before it becomes a lease default. The worst thing is that you can’t break the cycle: You waste time and Full Article…
The First Rent Stabilization Overhaul in 14 Years
By: Adam Leitman Bailey & Dov Treiman April 23rd, 2014 On January 8, 2014, the DHCR issued the first amendments to the Rent Stabilization Code in some 14 years. The amendments, 27 of them, are a mixed bag of mere codification of judicial decisions, moving DHCR office practices actually into the Rent Stabilization Code, technical Full Article…
Landlords Facing Post – Sandy Responsibilities
By Adam Leitman Bailey and Dov Treiman Q: Is there any difference in the law between how regulated and unregulated apartments are handled when the tenant cannot live there because of storm damage? A: Rent regulation makes almost no difference in the legal treatment of storm damaged or destroyed apartments. In unregulated apartments, the lease Full Article…
Q&A: ‘Great’ Condo, With Stabilized Tenant
By JAY ROMANO January 25th, 2013 Q. I have found a great condominium to buy, but it is occupied by a rent-stabilized tenant. The broker says I would need to renew the lease every time the tenant wanted it renewed. I’ve read, though, that if an owner wants to use the unit for himself after purchase, Full Article…
Q&A: Questions About a Washing Machine
By: Jay Romano January 4th, 2013 Q. I am on the board of a Brooklyn co-op. One of the rent-controlled tenants in the building has had a washing machine in her apartment since she moved in. Such appliances are prohibited by the co-op because of the age of the building’s plumbing system. Can the building require the Full Article…
Post-Sandy Landlord-Tenant Questions and Answers About Your Apartments
By: Adam Leitman Bailey & Dov Treiman March 20th, 2013 Q: Is there any difference in the law between how regulated and unregulated apartments are handled when the tenant cannot live there because of storm damage? A: Rent regulation makes almost no difference in the legal treatment of storm damaged or destroyed apartments. In unregulated Full Article…
Economic Infeasibility: Rare Defense Requires Total Cooperation of Client
By: Adam Leitman Bailey & Dov Treiman March 14th, 2007 Landlords subjected to Housing Part proceedings1 to enforce building codes, where compliance will cause severe economic distress, may attempt to defend themselves by raising the so-called “economic infeasibility” defense, the essence of which is that the cost of correcting the cited code violations is likely Full Article…
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