NYC Rent Stabilized Apartments - Landlord Forum thread 151134

NYC Rent Stabilized Apartments by Mike on February 11, 2008 @01:05

Does anyone know if the Daily Rent clause in the LPA lease is legal for rent stabilized apartments in NYC?

Is anyone aware of any of the LPA lease clauses being invalid for rent stabilized apartments in NYC?

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Re: NYC Rent Stabilized Apartments by George B (NY) on February 11, 2008 @08:06	[ Reply ]

I already investigated this. It IS LEGAL for all apartments in all states as far as I know. The question is: Is it ENFORCIBLE? Will the Police evict the tenant for you? The answer is yes, ONLY if you have cooperative POLICE who are willing to cooperate with you. Most police do not want to get involved. Of course, the clause is to help you avoid having to go to court. If it doesn't scare the tenants out and you wind of in court, it's a moot point isn't it? As far as rent controlled units in NYC, now that would depend on the rent control laws in NYC which are designed to protect the tenants. I'm guessing you can have anything you want in the lease, but making the tenants comply or having the courts enforce it is always another story.

Re: NYC Rent Stabilized Apartments by KEVIN WONG on February 11, 2008 @08:34

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I do not have any rent stabilized apartments.
I use the LPA lease on all my properties. I leave the daily rental clause in. I thought it would never work so I considered deleting it as my lawyer suggested.
I asked my lawyer WHY he thought I should delete it. He said it probably won't hold up in court. I said "if I end up in court, then I'm paying for an eviction and this clause is meaningless.." He agreed.
So it occurred to me that this clause could save me a lawyers fee if the tenants leave within the notice period. I kept it in the lease. On more than one occasion I had the execution of daily rental form get tenants to leave.

I would not use it on tenants who owe a lot of rent because I would want a money judgment on them.

Re: NYC Rent Stabilized Apartments by Anonymous on February 11, 2008 @10:23	[ Reply ]

I can't tell youif it is legal in rent stabilized units. But there are 2 reasons to have this clause in your lease m(whether or not it would hold up later). The first is the inconvenience factor for the tenant. A tenant who just doesn't seem to grasp the idea that they must pay in full on the 1st of the month can be subject to this. He will have to come up with a portion of the rent each day to stay in the unit. Having to do this day after dayis an inconvenience for him and, hopefully, is downright scary. (Who wants the LL banging at the door everyday?) This should encourage him to pay on time. The other reason (where applicable) is that by accepting rent daily, your unit is, in effect, no longer a residential rental. If becomes more of a hotel where a person pays for their room each day. If your city allows it, this can remove the legal barriers created by tenents' rights under residential LL-Tenant law and move the rental under hotel or boarding laws. A hotel can remove you for failing to pay the bil. They do not have to go through an eviction. They merely set you out. Whether or not you would be allowed to do this is up to your city and your poilce department. But it remains an option. Just letting your tenant believe this can help.

Daily Rental by Jack Klein (NY) on February 11, 2008 @11:57	[ Reply ]

I agree with the above posters. (I've used it too!)

Re: NYC Rent Stabilized Apartments by Mike (NY) on February 11, 2008 @19:48	[ Reply ]

Thank you for all of your replies.