Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I own a condo in Manhattan doorman Concerige building. I have

Customer Question
owned it for 10 years...
I own a condo in Manhattan doorman Concerige building. I have owned it for 10 years. I am in the process of renting apartment out and have submitted a complete board package to the managing agent who has submitted to the board. In my package the tenant is required to give me one month security and 4 months rent in advance. The advance rent shall be applied to to the last 4months of a two year lease. The board has come back and stated the want me to put in escrow 4 months rent to be held until the tenant has moved out plus they want me to pay a 500.00 fee to set up the escrow. Please note all condo charges have always been paid as agreed, even when the apartment has been empty. The tenant is a little short of the income, that is why I got the 4 months up front. Other than that they are good people with an excellent credit score. Question can the board do this?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
7/24/2015
Real Estate Lawyer: CalAttorney2, Lawyer replied 2 years ago
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
Verified
It all depends on what the governing documents for your building state.New York does not have a regulation on what can be charged for a security deposit (unlike some other states), and common interest developments (HOAs, Coops, etc.) are private entities that can self govern - so the rules set by the governing documents allow them to determine what they require for rentals.The board cannot make up its own rules as it goes along, and it must enforce the rules equally amongst all owners. (it cannot enforce the rules arbitrarily or selectively.
Ask Your Own Real Estate Law Question
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
We are selling our house and are in escrow we did an
We are selling our house and are in escrow we did an interior remodel to extend a closet but did not obtain a building permit at the time it was done we have applied for the permit with the city but t… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
How much can my roommate charge me from my security deposit,
How much can my roommate charge me from my security deposit , for putting a wall mount on my wall (4 wholes on the wall ) and a very small cigarette burn on the carpet ? Thanks .… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My HOA provided of Chart of Responsibilities, between HOA &;
Second opinion] My HOA provided of Chart of Responsibilities, between HOA &; Unit Owners.However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painti… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
My HOA provided of Chart of Responsibilities, between HOA &
My HOA provided of Chart of Responsibilities, between HOA & Unit Owners. However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painting damage) cause… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
A homeowner vs HOA. My HOA sent me a letter using a
A homeowner vs HOA. My HOA sent me a letter using a 'hear-say' to accuse "someone in my unit" of HOA rule violation. I prepared a letter of one page asking the HOA not to use 'hear-say' and not to use… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,263 satisfied customers
My HOA is responsible for the exterior of the building and
My HOA is responsible for the exterior of the building and I'm trying to find out if I can place the fees into an escrow account until they make repairs they have not yet made … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Selling condo, have purchase agreement. Now escrow co. tell
Selling condo, have purchase agreement. Now escrow co. tell us we need to pay $$$ for Statement of Account and another $$$ for Covenant Compliance Inspection. I am suspicious of these two fees. … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Selling condo, have purchase agreement. Now escrow co. tell
Second opinion] Selling condo, have purchase agreement. Now escrow co. tell us we need to pay $$$ for Statement of Account and another $$$ for Covenant Compliance Inspection. I am suspicious of these … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
I had given a security deposit on an apartment in NYC, and I
I had given a security deposit on an apartment in NYC, and I then decided not to take possession of the apartment for various reasons. I was advised that since the realtors did not execute a NY state … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My wife and i recently put down a security deposit on a home
my wife and i recently put down a security deposit on a home for rent of $1600, but before we turned in the lease we found another home and moved in. When we tried to get the deposit for the first hom… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My former landlord is not returning my security deposit.
My former landlord is not returning my security deposit. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I received my security deposit check in the mail (a UPS mail
I received my security deposit check in the mail (a UPS mail box) the other day. Pass the 15 day notice for a tenant to respond if I disagree with the funds that were withheld. Reading up on Florida S… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
I have a question about a security deposit dispute. the
HI--I have a question about a security deposit dispute. the landlord sent the letter with charges exceeding the security deposit and stated he would simply take the whole deposit and settle. However, … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My tenants security deposit check bounced, after she moved
my tenants security deposit check bounced, after she moved in. she said it was a bank error and since her first months rent was fine i gave her time. now its the second month and i have not had this m… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I recently provided a security deposit for an apartment
I recently provided a security deposit for an apartment prior to signing a lease or receiving keys. This was to move my apartment up on the list of apartments requiring the carpet cleaned. This was 3 weeks in advance of me moving into the apartment on the 1st. I kept calling and requesting confirmation on the date and signing of the lease. They told me twice that the carpet cleaning got moved back. Once the 1st came and they told me I still could not move in and had not signed a lease, I told them I no longer wanted to move into the apartment. They still have my deposit, will not return my calls and I am receiving email alerts that my rent is past due on an apartment I never moved into and do not have a lease on. I'm not sure what my next steps should be. thank you … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I recently put a security deposit down on an apartment that
Hi, I recently put a security deposit down on an apartment that was "available now". After I paid the landlord, he told me the city still needs to do an inspection and it will be ready next week. Toda… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
My question is regarding tenant rights and security deposit.
HI my question is regarding tenant rights and security deposit. I recently signed a lease and moved in to a new apt. The lease states $150 for sec deposit, which was paid. 2 days later the office call… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x