BY STEPHEN ELBAZ, nyarm

A recent NY Court case emphasizes the due diligence a Landlord must use when accepting rent checks. In 640 Broadway Renaissance Co. -v- Eisner [NYLJ Part Y, Civil Court], The Court ruled that the Landlord who accepted checks for three years from a subtenant (original Tenant moved to California) cannot be evicted on non primary residence grounds. The eviction could not take place despite the fact the lease specifically allowed the Landlord to accept rent without recognizing them as a Tenant.

Agents should be very careful only to accept checks bearing the name of the Tenant of record. All checks should be photocopied prior to depositing. This prevents Tenants from altering checks later. There may be some limited instances when a Landlord would accept checks from a non Tenant (i.e.: an elderly Tenant's child, etc.). Prior to accepting rent, the form signed by both parties should be signed stating that rent is being paid by a non Tenant solely as a convenience to the Tenant. It should further state that the person paying rent specifically waives any and all claims as a Tenant. I hope you will find this form useful.

Dear Tenant:

Please be advised that we have received the enclosed check for payment of rent on your apartment. Unfortunately we are unable to accept this check for payment unless both you and Ms. Check writer confirm that she may pay your rent as an accommodation to you, and she has no rights or standing as a tenant of the apartment.

If you would like Ms. Check writer (or any other individual) to pay rent on your behalf as an accommodation to you, we must have signed authorization on file prior to accepting any payment.

You may photocopy the below form at your convenience. Kindly sign and date in front of a Notary Public where indicated and return to my attention at the above address. Please feel free to contact me with any questions.

Tenant Declaration:

I, ___________________, Tenant request that ____________________________ be permitted to pay rent in my behalf as an accommodation to me. I understand that this person has no rights or standing as a tenant or future tenant of my apartment.

X__________________________________ Date___________________________

STATE OF NEW YORK :

COUNTY OF NEW YORK: ss.

ON THE _____DAY OF __________, 2000 BEFORE ME PERSONALLY CAME _________________________, TO ME KNOWN AND KNOWN TO ME TO BE THE INDIVIDUAL DESCRIBED IN, AND WHO EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED SAME

. ____________________________

NOTARY PUBLIC

RentPayer Declaration:

I, _____________________________ request that I be permitted to pay rent on behalf on __________________________, Tenant, at _________________________, Apartment #_____ New York, NY. I am doing this as an accommodation to ________________, Tenant and I declare that I have no rights or standing as a tenant, and I have no interest or desire to do so.

X__________________________________ Date___________________________

STATE OF NEW YORK :

COUNTY OF NEW YORK : ss.

ON THE _____DAY OF __________, 2000 BEFORE ME PERSONALLY CAME _________________________, TO ME KNOWN AND KNOWN TO ME TO BE THE INDIVIDUAL DESCRIBED IN, AND WHO EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED SAME.

____________________________

NOTARY PUBLIC

HEATING SEASON

Heating season officially ends May 31, 2000. Owners and agents are no longer required to supply heat (hot water must be supplied every day of the year) until October. Managers should contact their heating/boiler contractors and arrange for vacuum cleaning, surveys, repairs, of your heating plants. Many firms offer specials on repair and replacement work during their slow season.

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