legal sublet in NYC - receipts?

[goldbourbon]

I legally subletted a rent-stabilized apartment to someone in NYC, the tenant is refusing to move out at my request (she is a month-to-month). I am going to give her until September to move out (even though I wanted her out by June, I simply don't have time to proceed with eviction proceedings now, but I will have time in August). The sublettor is requesting a receipt for the rent payments, she says she is legally entitled to a receipt. I told her that her cancelled check is her receipt. Is she legally entitled to a rent receipt even though she gets a cancelled check every month?

[mjr203]

cancelled checks should be entirely sufficient

you can probably find language to such effect on the DHCR website

[Chimera]

I've read that Landlords are required to provide a receipt if requested. Since you are more or less functioning as this person's Landlord, you are probably under obligation to provide her with rent receipts.

[mjr203]

yeah Real Property Law §§235-e says:

§ 235-e. Duty of landlord to provide written receipt. (a) Upon the receipt of rent for residential premises in the form of cash or any instrument other than the personal check of the tenant, it shall be the duty of the landlord to provide the payor with a written receipt
containing the following:
1. The date;
2. The amount;
3. The identity of the premises and period for which paid; and
4. The signature and title of the person receiving the rent.
(b) Where a tenant, in writing, requests that a landlord provide a receipt for rent paid by personal check, it shall be the duty of the
landlord to provide the payor with the receipt described in subdivision (a) of this section for each such request made in writing.

so they can request but have to do so in writing and you should provide.

[goldbourbon]

How about an email, does that count as a written request for a receipt?

[mjr203]

Originally posted by goldbourbon:
How about an email, does that count as a written request for a receipt?

I don't think so. Written, in historical context of law and discussion on this board at least, has usually meant a mailed or served letter. I am not sure how courts/authorities have chimed in on email given they are usually 3 years behind in adjudicating cases alone.

[jot0n0]

My thinking is if the sub-tenant already paid by check and then also request a written receipt, then what's the big deal? They will have duplicate receipts for the same rent month. Just write out the receipt on a plain piece of paper with the required infomation mentioned in above posting and be done with it. That's my 2 cents.

<small>[ April 28, 2003, 04:18 PM: Message edited by: John ]</small>

[goldbourbon]

Ok, I just asked my sublettor for a written request for the receiptsand she absolutely refuses to send a written request, what am I supposed to do with this?(she sends all payments for the rent via a personal check)

Thanks

[Lilly]

Ignore her. Her cancelled checks are her receipts. Also, one doesn't all of a sudden get the urge to obtain receipts months and months after rental payments are tendered.
From now on you can give her a receipt if you want to but I don't believe a receipt is necessary when payment is made by personal check.

[mjr203]

Originally posted by goldbourbon:
Ok, I just asked my sublettor for a written request for the receiptsand she absolutely refuses to send a written request, what am I supposed to do with this?(she sends all payments for the rent via a personal check)

Thanks

the law is the law. if she doesn't send a written request for receipt, she can take a walk. She is really in no position to make demands having held over her tenancy anyway.

[Cranky Tenant]

Originally posted by Lilly:
Ignore her. Her cancelled checks are her receipts. Also, one doesn't all of a sudden get the urge to obtain receipts months and months after rental payments are tendered.
From now on you can give her a receipt if you want to but I don't believe a receipt is necessary when payment is made by personal check.

I agree with Lily. If your subtenant wants some kind of proof, let her send them certified mail with delivery confirmation.