New York, NY asked in Landlord - Tenant for New York

Q: My landlord won’t accept rent checks in my name because the “tenant of record” should be paying the rent.

My mother and I live together. The landlord would only allow one person on the lease who is my mother. My children and I are listed on an occupant list attached as a rider to the lease. She is 88 yo and wheelchair bound so I have been paying rent. All of a sudden the landlord will not accept it because the checks have my name.

We live in a rent stabilized apartment for over 50 years. The rent is extremely low so the landlord likely wants to rent our apartment at market rate.

Can the landlord legally insist only her name can be on the checks?

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1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: The landlord does not get a market-rate apartment. If your mother is evicted, the next tenant is also rent-stabilized. So that is not what I see going on here. The lease itself likely states the landlord will accept rent only from the tenant. Do this correctly. Secure Power of Attorney and pay the rent with her checks as her POA.

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