Landlord Problem
My girlfriend and I have been renting a 2BR in Prospect Heights for the past 18 months at 1,800/mo. When we moved in we paid first month’s, last month’s, security (1,800) and a brokers fee (1,800) to the super/landlord, (even though our friend who lived in the building found us the place.) Now I have…
My girlfriend and I have been renting a 2BR in Prospect Heights for the past 18 months at 1,800/mo. When we moved in we paid first month’s, last month’s, security (1,800) and a brokers fee (1,800) to the super/landlord, (even though our friend who lived in the building found us the place.)
Now I have to move for a job in another city but my girlfriend is staying and searching for a roommate. Our super/landlord tells us he will have to collect an $800 broker’s fee (half the rent) from the new tenant upon their moving in.
We asked for him to put this in writing and he refused. There is nothing in our lease about adding new names to the lease or the fees they have to pay in order to move in.
The real estate company to whom we send our rent checks each month, and who owns the building, is not at all involved in the day-to-day operations here.
Is our super/landlord’s request for a fresh broker’s fee totally bogus? Any ideas or tips on how we can fight it?
Thanks much!
I agree it is key money, and illegal. It also sounds like he’s not the landlord at all, merely a super. Call the real landlord (the ones you send the check to) and let them know what he’s up to… there’s a real chance they won’t be happy that he’s selecting tenants based on who will pay him a bribe.
You refer to the person demanding the money as your super/LL, but also state that you send your rent to the real estate company that owns the building. If the real estate company owns the building, that means the super is not the landlord, he’s just a super. Can the super take you to court? No, he has no real property/contractual relationship with you, since the lease is with the real estate company. Can he make your life unpleasant since he’s the super? Sure. But you can also speak to the rental company and verify whether they know he’s doing this. I bet they have no clue.
Thanks everyone. This is really helpful.
I don’t have much time, but will say this: The law/method for qualifying a roommate in NYC is VERY specific. The link Minmin provided is a good start, and you can google to read more. Follow requirements precisely. Document your interactions and send correspondence by both regular snail AND certified mail. Make sure YOU are well protected in any agreement you sign with a roommate, because any headache that might develop will be yours and girlfriend’s alone to resolve (i.e., LL cannot and will not intervene). As to LL fee, he *might* have some sort of exclusive contract with a realtor that made the first payment necessary (i.e., fee due to broker for rental during period of contract, regardless of whether broker brings tenant), but the current attempt to charge a fee for roommate is entirely bogus. Read the requirements for notifying a LL of roommate and follow precisely.
I’d keep notes on all the interactions you have w/ him. I’d also cc the owner w/ any substantive correspondence. You want to have good documentation if the whole thing escalates w/ him later – if he treats you differently from other tenants, etc.
Of course this is bullshit. But it’s key money. This has been going on in New York real estate for 150 years. I wouldn’t live in a place that charged key money, but apparently thi poster will. You made your bed and now you’re going to have to lay in it. Pay the money or find a new apartment. IF you don’t pay there is no end to the misery this guy will bring to your door.
I’d tell your super/landlord to go to hell if he gives you a problem once the new roommate moves in. He is not a broker and is not entitled to a commission everytime someone moves in or out of the building. If he were charging you a small moving fee for freight elevator use or something like that (i.e. less than $100) and it was predetermined in the lease you signed before occupancy, then he might have some type of an argument.
All that being said, since he refuses to put anything in writing, he will probably not take you to housing court, but he sounds like the type that will try to make your life in the building very difficult. Good luck.
It’s possible that he can find some way to chisel $900 out of you, but you can’t legally collect broker’s fees if you’re not a licensed broker. Not to say that they’re not paid as blackmail as a formality, but…
Don’t pay him NOTHING.