Legal Question in Landlord & Tenant Law in New York

Hi, I have a quick question regarding a broker's ability to prevent a tenant from moving into an apartment once the lease has already been signed. I signed a commission agreement with the broker last week which stated the broker fee would be 12%. I signed the lease this afternoon with the management company. The broker just sent me an email stating that the fee is 15%, and therefore he is $900 short, and further that I may not be able to move in unless I pay the increased 3% fee. If I have already signed the lease, can the broker prevent me from taking occupancy unless I pay the extra money? Thank you so much for your advice! Also, this question pertains to New York City Landlord/Tenant law.


Asked on 7/26/11, 12:09 pm

1 Answer from Attorneys
Christopher Moye The Law Office of Christopher Moye

They are usually two different agreements. One contract typically has nothing to do with the other agreement. Did your commission agreement say "12%" or "15%"? The commission agreement will be the controlling document if the broker takes you to small claims court to get their fee.

I don't think that the broker's agreement will affect the landlord's ability to enter a lease with you. Most landlords that I have represented couldn't care less if the broker gets paid for placing the tenant. They tend to view those brokers as a necessary evil in some respects.

Bottom line:

The broker's agreement should affect your ability to take the apartment but don't be surprised if the broker takes you to small claims court.

Good luck!

Christopher

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Answered on 7/26/11, 12:23 pm


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