Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My daughter is in the process of entering into a lease

My daughter is in...

My daughter is in the process of entering into a lease agreement in NYC, which we are guaranteeing. We received the lease and it seems a bit one-sided and there are parts that are unclear to me. I am looking for someone to read it and give us some guidance in addressing it before signing.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New York

Lawyer's Assistant: Has anything been filed or reported?

Nothing has been signed as far as the lease

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are dealing with a broker for the Landlord and we (the parents) are out of state.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
9/20/2017
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,325
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Real Estate Law Question

Good afternoon. Can you share with me what specifically in the lease, you have questions about?

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
There are numerous things. This is a multi-unit building with more than 6 units. There is a building manager and a super.First, the contract uses the term "appurtenances" yet refer to Tanant responsibilities for spaces beyond the premises - like common areas and external to the building. Do we need to have the term defined for us?Secondly, in a clause labeled Condition of Premises it states "Tenant stipulates, represents, and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in safe, clean and tenantable condition. My daughter is in no position to make such a stipulation. Shouldn't they be representing that to her?
There is more...

In a legal context, an appurtenance is something that is attached to, or belongs to, a building or piece of land in such a manner that it is part of the property, such as a barn, or a yard. As such, you would want them to define and explain what exactly they are saying she is responsible for, outside of her actual rental. Of course, if something happened in a common area, as a result of her fault, she would be liable.

This is a clause which is saying that she inspected the rental but should ONLY be signed off on, when she actually inspects it, prior to moving in. They have an obligation to make the property move in ready but she also has a right to inspect and document anything and they need to correct it

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
A small point - they state the security deposit is without interest. My research indicates that is against the law. And it gives no indication of the account the funds will be held in.The Clause Maintenance and Repair states "Tenant will, at its sole expense, keep and maintain the premises and appurtenances in good and sanitary condition and repair. That seems backwards to me. I would think they are responsible for repair. There is a shared bathroom, so there is part of her unit with three other people (all women's housing unit - separate rooms shared bath)They then list 10 further details (without limiting the generality of the foregoing) that include things like:Keep all windows, glass, window covering, doors, locks, and hardware in good, clean order and repair.Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same for only purposes for which they were constructed (again, the bathroom is shared)..shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements.more to come
Customer reply replied 9 months ago
Inspection of Premises: Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon.There is no statement about advance notice. Shouldn't there be?More to come
She needs to maintain the property. The landlord has to make all necessary repairs that are through no fault of her own. If she shares a bathroom or other area with other roommates and something where it happen the cost might be shared amongst all of the time equally unless it can be shown one person is responsible.
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
The clause on Indemnification is not qualified for gross negligence. It reads "Landlord should not be liable for any damage or injury of or to the Tenant...more to come
She needs to maintain the property. The landlord has to make all necessary repairs that are through no fault of her own. If she shares a bathroom or other area with other roommates and something where it happen the cost might be shared amongst all of the time equally unless it can be shown one person is responsible.
Ask Your Own Real Estate Law Question
She needs to maintain the property. The landlord has to make all necessary repairs that are through no fault of her own. If she shares a bathroom or other area with other roommates and something where it happen the cost might be shared amongst all of the time equally unless it can be shown one person is responsible.
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Clause - Attorneys' Fees; Waiver of Trial by Jury; no CounterclaimsYou can imagine the accompanying languageIt is my understanding that you can't ask someone to waive a jury trial. Can they require you to waive counterclaims?More to come, but almost finished.
If the landlord know of an issue and fails to correct it or should have known they could be liable. They can not just waive all responsibility for something.
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
NO WAIVER clause:The failure of the Landlord to seek refress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any Rules or Regulation set forth or hereafter adopted by the Landlord, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation.Shouldn't be a time limit to this?
Correct. She can not be forced to give up her legal rights. The bot***** *****ne is that she can make proposed changes to them and see if they accept. If they refuse she may not want to rent there cause if something happens it would be clear she will have a legal battle.
Ask Your Own Real Estate Law Question
Correct. She can not be forced to give up her legal rights. The bot***** *****ne is that she can make proposed changes to them and see if they accept. If they refuse she may not want to rent there cause if something happens it would be clear she will have a legal battle.
Ask Your Own Real Estate Law Question
The statute of limitions woikd control. They could not have an indefinite period of time to come back and sue her.
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Is there better language I can have her suggest or should I just have her bring up our concerns before signing?
Customer reply replied 9 months ago
What about:..shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements.Can they require her to be responsible for the cleanliness of hallways and outside the building? That seems excessive or am I misunderstanding it?
Customer reply replied 9 months ago
I am not sure if you responded to the question about notice before entrance. I think I saw it needs to be in writing unless it is an emergency.
She should speak with them first. To simply make changes and initial them and hand the lease back may not be the best approach to resolve these concerns or issues. As far as the issue with the garbage it simple needs to be placed in the trash. Can't be left out. The common area of the building is theirs to maintain. The hallways which are used by all she does not have to clean.
Ask Your Own Real Estate Law Question
Can you please share the notice question again?
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
We really don't have a back up short of her coming home, if they are unwilling to make changes, do these issues seem worth risking for the year or are any of them non-starters in your mind?
Customer reply replied 9 months ago
I guess I'm asking is there any change I absolutely have to have?
If she has no other option, she has to sign. When she does, needs to be aware of what they may try and hold her responsible for. I know it is not ideal but if there are problems ( which there should not) is when she can try and resolve them or contest it on court. If she takes care of her rental and shared space it should not be an issue.
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
far, the people involved seem to reasonable and flexible. I know sometimes a lawyer drafts it with a thought of requiring the Tenant to do his due diligence.Is it typical to include language which seems to violate State law?
Customer reply replied 9 months ago
As Guarantors, do we have a right to discuss these issues with the broker?
Customer reply replied 9 months ago
Oh. What is the statute of limitations that might apply or where can I find it (them)?
The lease can not violate the law. The law controls and if they want to try and argue she gave up certain rights they would need to show they she recognized and knew about them. You are signing so if she fails to pay you will be liable. You can try speaking with them but the truth of the matter is that you really are financially liable if she does not pay or they need to sue to recover.
Ask Your Own Real Estate Law Question
As far as the statute of limitations is depends on what is being sued for.
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
is it better to discuss or sign and claim ignorance? Probabbly not a fair question.
Certainly to discuss. When you sign there is a presumption you agreed and knew what you were signing so it does not always work to claim ignorance.
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Is there anything else you feel I should be careful or concerned about?
You really want to focus on things which the landlord should be responsible for. Shift the cost and burden to them to take care of. Also, since she is sharing space with three others she may want to try and add a clause or language that if there is an issue and it can not be resolved by management that she be allowed to vacate and break the lease with 30 or 60 day notice.
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
the other people are not people known to her. The bathroom mates are unknown to her (again, all female).
If the management is placing these other girls, there could be issues or conflict down the road. She wants to be able to get out of there is conflict as she is not the one selecting the roommates.
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Ok. Thank you. I appreciate it!
You are welcome and I wish her the best. If there is nothing further I just kindly ask that you rate my help at the top at this time.
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
I guess one last question, do you think it is necessary to hire an attorney for this?
You may want to see how flexible they are first. You can hire an attorney which would certainly be in your best interest and they could make the best changes ever but the management does not have to accept them and can reject them and you would have spent that money for counsel. Keep in mind they can reject any changes and tell her to take the lease or do not sign it
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Makes sense. Thanks.
You are welcome. If you have not already I kindly just ask that you rate my help at the top at this time. Thank you.
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Ok. Really more than likely the last question. It is actually one that didn't get answered directly (and I know I kinda bombarded you. Sorry)As guarantors, can we bring up these concerns? Our daughter is 20 and a little overwhelmed by the whole process.
you can speak with them but you need to see what you are signing. If it is just to guarantee payment of rent and has notning to do with the lease itself that is between her and them. Of course, it does not mean you can not speak with them and try and negotiate this and help. It is really a matter of now much they want to work in general to get her to sign and to modify their lease
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
34;Responsible for any financial obligation for rent owed, related services or waste perpetrated or allowed by_______________
I don't understand what you are asking
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
That is the statement from the Guarantor's Form.So much for a willingness to discuss:The response from the Broker."Hi, I thought I explained to you that the lease was sent to for review only and that you would sign two originals with the administrator when you arrive.You will get one with her signature as well as yours for your files, The lease cannot be altered, but you can address the issues with Joanne the administrator when you arrive."Now what?
You address them with Joanne and see how she responds. If she refuses to change or modify the lease it is at gone discretion to have her sign.
Ask Your Own Real Estate Law Question
As I shared, they do not have to change anything if they do not want to.
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
any illegal language would be ignored in court? I mean she has clearly state they refuse to alter.
No. If it ended up going to court to court is when you need to attack the language in the contract and hold certain terms and conditions invalid.
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,325
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified
RealEstateAnswer and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 months ago
Alright. Thanks. I appreciate your advice. Signing off.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 32,325
32,325 Satisfied Customers
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases

RealEstateAnswer 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:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 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

4,998 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
This is related to a real state transaction for an apartment
This is related to a real state transaction for an apartment that I sold in New York City. The broker is located in New York City and I am in Florida. The contract, which is notarized, states that the… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,233 satisfied customers
Is there a limit in NYC to what a real-estate broker can
is there a limit in NYC to what a real-estate broker can charge to process an rental application?… read more
Attorney 1
Attorney 1
2,703 satisfied customers
I'm hoping you might be able to help me with my real estate
Hi - I'm hoping you might be able to help me with my real estate question. My New York City free-market apartment rental lease is ending, and I want to put 2 interested renters directly in touch with … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am a rental prop owner, and have individuals living in an
I am a rental prop owner, and have individuals living in an apartment in queens, formerly shelter reidents, single adult males, who came from an agency through a broker. there are 4 ppl there who are … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hi, I have a question about a broker fee. My parents are currently
Hi, I have a question about a broker fee. My parents are currently renting for 2 years with their lease expiring in October. My parents are getting older and are moving into an apartment in the same c… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Hello. I have signed a one-year lease (7/1/13-7/1/14), with
Hello. I have signed a one-year lease (7/1/13-7/1/14), with my landlord (private owner) for an apartment in NY state. I have provided more than 60 days notice of my intent to renew my lease. How much … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
we bought a property and wanted to end our lease early. we
we bought a property and wanted to end our lease early. we live in NYC. we tried to negotiate with the landlord, sent her a certified letter that informed her that we wanted to move and were ready to … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Hello, We have a commercial rental space of which we were
Hello, We have a commercial rental space of which we were asked to leave a 3 month security deposit in New York State (outside of NYC) on a one year lease term. Our lease expired on May 31st and while… read more
evanesq
evanesq
Managing Attorney
Doctoral Degree
6 satisfied customers
Family member signed lease agreement for NYC apt late yesterday
Family member signed lease agreement for NYC apt late yesterday afternoon, and put down minimal payment of $1000 - remaining security deposit, broker fee and first months rent to be given today or Mon… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Our daughter has a Lease on New York City apartment, but got
Our daughter has a Lease on New York City apartment, but got married and moved away. Her parents used the apartment 2 nights a week. Now the landlord will not renew our daughter's Lease and says we ca… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,910 satisfied customers
Area Long Island, New York Question Is a real estate agency/broker
Area: Long Island, New York Question: Is a real estate agency/broker entitled to a recurring commission on a rental they handled initially, if the same tenant renews the lease? The agency/broker had a… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
we live in NYC and have a lease through october 31. our rent
we live in NYC and have a lease through october 31. our rent is 3100/month. it is now May 28. 3 months ago, we notified our managment company that we would have to break our lease early. we told them … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We are currently subletting in NYC. We (the flatmates/subleters)
We are currently subletting in NYC. We (the flatmates/subleters) became suspicious of our landlord when we signed a contract from a company called Lan'did and was unable to contact this company. After… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
if there our 4 students and 4 co-signer adults - and only two
if there our 4 students and 4 co-signer adults - and only two students sign the lease and no one else in June; but the co-signers in April signed stating they would guarantee a lease prior to one bein… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Im a 44 year old student at St. Johns University. I came
I'm a 44 year old student at St. John's University. I came here from Houston, TX. I was told of a basement apartment which I took sight unseen; I paid $850.00 for the deposit and have been paying $850… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,126 satisfied customers
NYC Tenant signed lease admisnistered by a misleading RE broker
NYC Tenant signed lease admisnistered by a misleading RE broker and landlord wants to keep Dec rent when tenant requested return of rent & deposit on Dec 4 (lease signed Nov 26). Can landlord keep Dec… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
In Indiana, what constitutes an owed commission to a broker
If a licensed commercial real estate broker, who represents a commercial tenant, has a fully executed commission agreement with a landlord, what are the minimum requirements of that broker to be legal… read more
Katherine K
Katherine K
Doctoral Degree
229 satisfied customers
Is lease binding if landlord does not counter-sign
I am a real estate broker in New York City. I signed leases with a customer for an apartment. After bringing to landlord for counter-signing, the landlord told me he could not rent the apartment to th… read more
Flagbridge-RE
Flagbridge-RE
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 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