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Posted by TenantNet on December 14, 2000 at 23:33:14:

In Reply to: Check must be in your name posted by Ken on December 14, 2000 at 22:46:49:

Ken, you're trolling again and treading on thin ground. Part of your explanation is correct -- an occupant not on the lease paying by check could establish a "landlord-tenant" relationship, which is why a landlord might return a check to avoid a later claim. But your conclusion that this has something to do with rent regulation is bananas - colored by your zeal to claim rent regs are responsible for every ill in the world. This is a contractual issue and applies to non-regulated units equally. So stop the trolling or you may join Richard.

: Your landlord was right to return the check. He rented the apartment to you, and under rent stabilization laws that apartment must be your primary residence. Accepting multiple checks from a non-leaseholder could bring on various complications; for example, the check-writer could claim rights to a renewal using based upon the fact that they occupy the apartment and send the payment.

: Complicated, yes. Bewildering, at times -- thats rent stabilization in NYC for you.

Follow Ups:

• Ignorant again, TenantNet has it ALL wrong Ken 12/16/00 (0)
• Renewal Rights are the Problem Lurker-Owner 12/15/00 (2)
  • Re: Renewal Rights are the Problem TenantNet 12/15/00 (1)
    • Re: Renewal Rights are the Problem Lurker-Owner 12/15/00 (0)

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Comments:
: Ken, you're trolling again and treading on thin ground. Part of your explanation is correct -- an occupant not on the lease paying by check could establish a "landlord-tenant" relationship, which is why a landlord might return a check to avoid a later claim. But your conclusion that this has something to do with rent regulation is bananas - colored by your zeal to claim rent regs are responsible for every ill in the world. This is a contractual issue and applies to non-regulated units equally. So stop the trolling or you may join Richard.

: : Your landlord was right to return the check.  He rented the apartment to you, and under rent stabilization laws that apartment must be your primary residence.  Accepting multiple checks from a non-leaseholder could bring on various complications; for example, the check-writer could claim rights to a renewal using based upon the fact that they occupy the apartment and send the payment. 

: : Complicated, yes.  Bewildering, at times -- thats rent stabilization in NYC for you.


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