Carmel, NY asked in Landlord - Tenant and Banking for New York

Q: I have a question regarding the rights of landlords to assign fees for the return of rent checks for NSF....

The management company of the property we rented had a relationship with someone at the bank that enabled them to verify funds were available before processing checks. Saving fees to both the management company and the tenants. As a result, any time throughout our 10 year tenancy that funds were not sufficient-NO fee was assessed by the bank to either party nor a fee charged by the management company to the tenant....Until we gave notice. My question is..If the check was never processed in any way-ACCORDING TO OUR BANKING STATEMENT; Does the management company have the right to assess a returned check fee, all of a sudden-when they incurred NO CHARGES from the bank and our records don't even show that the check was ever presented? Keep in mind that we replaced the check within 7 days.

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: The fees that a landlord is allowed to charge depends upon the terms of the lease.

Bruce Alexander Minnick agrees with this answer

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