Is it legal to have the landlords name on the lease –but write the rent checks out to someone else?–Who happens to be her daughter

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal to have the landlords name on the lease –but write the rent checks out to someone else?–Who happens to be her daughter

The landlord listed on my lease is clearly stated as the owner of the home where I rent an apartment. however, I was told to write the rent checks out to a different person with a different last name. I was told this was her daughter. I am also getting nasty,bullying phone calls from her son for a 25 charge for being more than 5 days late with the rent. (wich was stipulated in the lease) They did not provide a refrigerator for me,I had to get one myself. But is it legal for me to have a landlord with one name and write the rent check to a totally other person?–What are my legal rights?

Asked on May 13, 2009 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Legally you only have to make your rent payments to the person/entity listed on your lease.  If you are being asked to make them to someone else, get that request in writing from the Landlord.  Her written statement should cover not only future payments made to the daughter but should also include a statement that any prior payments made to her were for rent as well .

Under NY law a Landlord is not required to provide appliances unless the lease states otherwise.  However, if you purchased your own than you have the right to take them with you upon expiration of the lease.  I would also get the Landlord to acknowledge in writing the fact that you provided the refrigerator and so it is your personal property.  This will prevent any confusion when you are vacating the premises (and be sure to keep the purchase receipt).

As for the son's harassing you about late charges I'm not certain of the facts here.  You didn't make the details clear.  If there is a grace period in the lease (there should be), then notify the LL of that and tell her to stop having her son harrass you.  If he doesn't, you can pursue the matter legally.  Landlord-Tenant law in NY is heavily regulated and tenant's rights are strictly enforced.

By the way, when your lease is up you may want to consider getting out of there. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption