Is our building management allowed to ask for security deposits to use the rooftop deck?

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Is our building management allowed to ask for security deposits to use the rooftop deck?

We signed our lease to a building with some amenities, such as a rooftop deck. In the lease, the management company didn’t indicate restrictions with using the rooftop. Once the rooftop opened, the management company asked that we sign a contract. One of the rules states that if we were going to have gatherings, we would need to ask for prior permission from the management or face a $3,000 fine. We signed it, then asked to use the rooftop for a small gathering. They asked to sign another contract and a cash security deposit of $800. Is this allowed? Should this be on the lease?

Asked on August 15, 2012 under Real Estate Law, New York

Answers:

Mark Siegel / Law Office of Mark A. Siegel

Answered 8 years ago | Contributor

In order to properly determine the respective rights & obligations of the parties, you should consider having your lease & the signed contracts reviewed by an attorney who is experienced in this area of law. Generally the lease & lease rider & lease rules & regulations, if any, will govern a tenant's rights & obligations regarding the use of a common area. Since you were asked to sign a separate contract, which provides that certain requirements be met as a condition precedent to the use of the rooftop, that contract may or may not be enforceable, once there has been a proper legal analysis of the lease, the contract & the applicable law. Good luck!      


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