Legal Question in Real Estate Law in New York

rental term lease

If a free market apartment has a lease stating montly rent is payable in advance on the 15 of each month does that mean they have to give the rent 15 days in advance for the coming month. also if they fail to pay the rent on time and in the lease states ''if rent unpaid when due and I (tenant) fail to pay rent within 9 days thereafter, you (landlord) may terminate'' the lease. Does this mean that if he does not pay within or on the 9th day when rent is due the lease is terminated. i appreicate your help


Asked on 4/23/07, 5:46 pm

2 Answers from Attorneys

Charles Wolff Charles Oliver Wolff, Esq.

Re: rental term lease

It is important to provide your zip code when asking a question because an attorney near you may be better able to help.

You really need to have an attorney look at your lease for you. You may contact me and we can make an arrangement.

Without seeing the lease this question is difficult to answer but, generally, a payment due on the 15th of each month is due on the 15th day, for example, April 15, for the next month's rent. It sounds like if you fail to pay by nine days after, or, for example, April 24, the landlord can terminate the lease. If you signed and thereby agreed to such a lease you must pay by the 15th day of each month and can lose your lease by the 24th if you do not pay what is due for the coming month. You did not say, but it is possible that there may be late charges if you pay after the 15th but before the 24th.

However, this is my best guess based on the information you have provided, and may not accurately describe the terms of your lease. Contact me if by personal email if you need help. There may be more terms in the lease that you do not fully understand.

This message provides an answer to a hypothetical legal situation and does not constitute legal advice. No attorney client relationship is created by this reply to your question, and such a relationship can only be created by a personal meeting or, in certain circumstances by agreement, a waiver thereof.

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Answered on 4/23/07, 6:12 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: rental term lease

Just from your question alone, and not the lease itself, there seems to be a 9 day grace period from the 15th day of the month after which there may be dire consequences for non-payment.

Good Luck

RRG

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Answered on 4/23/07, 6:40 pm


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