Re: NYC Rent Stabilized Apartments - Landlord Forum thread 151138

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

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.

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