When a Landlord has a vacant apartment, there are several things he must do if he wants to maximize his legal rent. Click here for a discussion of these items.
Vacancy Leases consist of the Lease form, Rent Stabilization Rider (with the calculation of how you arrived at the new rent filled out), Landlord's Rider, Lead Paint Disclosure form, Lead Paint Booklet (EPA), and for NYC apartments - Lead Paint Notice, Lead Paint Pamphlet (HPD), Window Guard Notice and Recycling Pamphlet.
Many Landlords do not want to give tenants all of this information, but it is the Law. Besides, these forms are designed to protect the Landlord, as well as the tenant. If you show a tenant, in the Rent Stabilization Rider, how you arrived at his rent, he is less likely to file an Overcharge Complaint. And, even if he does, you have proof that you gave him the proper lease and rider, which helps your argument that the rent is legal.
The Lead Paint Disclosure form does not actually require a Landlord to do anything, except disclose whether he has knowledge of lead paint in the apartment or building. The only way that a Landlord has "actual" knowledge of the existence of lead paint is if he had the apartment or building tested by a Certified Lead Paint Inspector. The Lead Paint Booklet (and Pamphlet, in NYC) tell tenants what to look for and instruct them to inform the Landlord if they have a peeling paint condition. Our Landlord Rider requires a tenant to notify the Landlord of any problems in the apartment. This protects the Landlord.
Window Guard Notices are required by Law with all Vacancy Leases and Annually, by January 15th. It is important to have the new tenant fill out the Window Guard Notice, because it lets you know if there are going to be children under age 6 living in the apartment. If the tenant states, in the Vacancy Lease Window Guard Notice that there are no children under age 6, this protects the Landlord in the future. It does not relieve the Landlord of the annual notice requirement, however, it puts the burden on the tenant to notify the Landlord if a child under age 6 moves into the apartment at a later date.
Recycling Riders inform the tenants about how to put out their garbage and recyclables. This makes life easier for your super. It will not keep the Dept. of Sanitation from issuing summonses, however, if a tenant repeatedly fails or refuses to recycle, if the rider is included in his Vacancy Lease, a Landlord may have grounds for eviction, based on breach of the lease. (Knowing NYC Landlord/Tenant Court, evicting a tenant for not recycling is just a dream, but maybe someday . . . )
The DHCRexpert.com provides Vacancy Leases with all required Riders, including a Landlord Rider which covers many important items that are not in the printed form. We calculate the maximum legal rent, provide you with instructions (where to sign, etc.) and we provide you with a copy for you and for the tenant. We also advise you if you need to file a Vacancy Decontrol form or Amended Rent Registration form.
To Order a Vacancy Lease, click here.