Legal Question in Landlord & Tenant Law in New York

Changing rent payment

Hello,

I currently have a lease in which my tenant is supposed to make monthly rent payments to my parents. I am the owner and landlord of the property and my parents are preventing me from collecting the rent. How would I legally make the tenant pay me rather than my parents?


Asked on 11/22/03, 11:31 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Changing rent payment

I would need more information about the nature of the lease and the nature of the arrangement with your parents. Your issue may be a problem with your parents, and not the tenants, if the lease obligates them to pay your parents.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 11/24/03, 8:30 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Changing rent payment

This is a difficult situation. Since the lease requires the tenant to pay your parents, then the tenant is in compliance as long as he pays your tenants. I can see the tenant's point of view - he is afraid if he pays you, then he will have to pay the parents as well.

The solution is 'reformation' or 'novation', two legal terms that refer to making a new lease or changing the old lease to protect the tenant from having to pay both you and your parents.

This is not difficult and, in the absence of some property interest of your parents in the rental income, an easy procedure that I can assist you with.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 11/24/03, 12:56 pm


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