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Hamptons.com
March 3, 2014

Hamptons Rentals: Landlords, Tenants, & Property Managers Get It In Writing

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate

Rentals represent a major portion of the real estate activity on the East End of Long Island, both the North and South Forks. This is the first of a series of articles. We will share comments of realtors regarding location, price, amenities, including seasonal, short-term, and long-term rentals, but first, we think it is important to clarify some basics regarding landlord tenant relationships.

First, it should be noted that the Town of Southampton requires a rental permit in the unincorporated areas of the Town. Both landlords and tenants, as well as property managers, may be penalized for violations of this law. Rentals of fewer than fourteen days are prohibited, and the occupants must meet the definition of “traditional family.” Anyone interested in renting should consult the Town of Southampton before proceeding.

The Towns and Villages throughout the East End have laws to prevent overcrowding, the number of individuals who may occupy in order to assure the health and safety of the occupants.

Federal, State, and Local Fair Housing Laws protect groups of people who have suffered a history of discrimination. Suffolk County is among local governments that have some of the most stringent protections. Included among them is the refusal to rent to families with children. This violates, federal, state, and local laws.

I have seen a so-called “standard form of lease” that states, “only the tents named on the lease may occupy the premises.” New York Law requires that each tenant must be permitted to have one person not named on the lease occupy the unit with them, not to exceed the number of people who may lawfully occupy.

There are often misunderstandings regarding issues such as when the rent is due – the end of the month, unless the lease states otherwise. Rules regarding sub-leasing and assignment – either may be done unless prohibited by the lease, and sometimes, not even then.

Another common misunderstanding is with respect to Security Deposits. New York Law governs Security Deposits. The landlord must deposit these funds in an escrow account, and the funds are the property of the tenant, not the landlord, and must be refunded to the tenant within a reasonable time after the expiration of the lease except for damage to the landlord’s property caused by the tenant, other than normal wear and tear.

It is not uncommon for landlords and tenants to presume that absent a written lease there is no lease. This is not true. In fact, under New York Law, a lease for a year or less entered into orally by a landlord and tenant is binding, although it is prudent to have all agreements in writing.

What about a tenant who wishes to vacate before the lease expires? Are they still obligated to pay rent through the end of the lease? They are, unless there is an agreement between the landlord and the tenant stating otherwise.

Federal Law requires that landlords of properties constructed prior to 1978 for sale or rental, disclose to the buyer or tenant information regarding lead. The Environmental Protection Agency imposes penalties for non-compliance against landlords and their agents. Rentals of fewer than 100 days, studio, single bedroom, loft apartments and housing designed exclusively for residents 62 years or older and housing already to be certified as “lead-free” are exempt.

Many leases include the tenant’s right to renew the lease. Some may give the tenant the right to purchase the property, similar, but not the same as a right of first refusal. Each of these should be considered only after seeking legal counsel.

The process of eviction is another matter that should only be pursued after seeking legal counsel. If carried out improperly, the consequences may be very costly for the landlord. When the tenant violates the lease, the landlord is seeking an actual eviction. When the landlord violates the lease rendering the premises wholly or partially uninhabitable, it may result in a constructive eviction. All leases contain what is known as a warranty of habitability – the obligation of the landlord to maintain the property in a healthy and safe manner.

Insurance is another matter. A landlord who wishes to rent, should consult and insurance professional before doing so. If a fire occurs on the premises due to an accident caused by the tenant, who is responsible? What about the tenant’s personal property?

These are only some of the issues with respect to landlord tenant relations. Each could be expanded upon.

In our next article, we will hear from realtors who represent landlords and tenants.

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LOCAL EVENTS

Events

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Oct
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ARF’s Stroll to the Sea Dog Walk

October 11 @ 09:00 AM - October 11 @ 12:00 PM
Mulford Farm, 10 James Lane, East Hampton, NY
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Oct
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Oct
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11
Oct

Family Drip Painting Workshop

October 11 @ 10:00 AM - October 11 @ 11:30 AM
830 Springs Fireplace Rd, East Hampton, NY 11937
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Oct
11
Oct
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11
Oct

Free Family Fun: 26th Annual Long Pond Greenbelt Celebration

October 11 @ 10:00 AM - October 11 @ 01:00 PM
SOFO Museum, 377 Bridgehampton/Sag Harbor Turnpike
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Oct
11
Oct
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11
Oct

CMEE’S Big Birthday Bash!

October 11 @ 10:00 AM - October 11 @ 12:00 PM
376 Bridgehampton-Sag Harbor Turnpike, Bridgehampton, NY 11932
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Oct
11
Oct
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Chowdah Chowdown – to benefit Springs Food Pantry

October 11 @ 12:00 PM - October 11 @ 03:00 PM
Springs Tavern and Grill, 15 Fort Pond Blvd, East Hampton, NY 11937
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Bay Street Hosting Hamptons Mardi Gras Dance Party

Bay Street Hosting Hamptons Mardi Gras Dance Party

  • Grab your furry friend and take a stroll to Main Beach with ARF!

Check out the Top Hamptons Events This Weekend!

🐾 ARF’s Stroll to the Sea Dog Walk
📅 When: Saturday, October 11, 2025 | 9AM–12PM
📍 Where: Mulford Farm, 10 James Lane, East Hampton, NY

Enjoy vendors, contests, and giveaways before strolling to Main Beach.

🥣 Chowdah Chowdown
📅 When: Saturday, October 11, 2025 | 12PM–3PM
📍 Where: Springs Tavern and Grill, 15 Fort Pond Blvd, East Hampton, NY

All-you-can-eat chowder and soup from 20 local chefs, plus live music and a mocktail bar — all to benefit the Springs Food Pantry!

🍺 SagtoberFest
📅 When: Sat, Oct 11 – Sun, Oct 12, 2025 | 12PM–8PM
📍 Where: Kidd Squid, 11 Spring St, Sag Harbor, NY

Celebrate Oktoberfest Sag Harbor–style! Enjoy bratwurst, pretzels, oysters, pumpkin stew, and live music by Jon Divello, Woody Boley, Greg McMullen & Jake Lear.

🎬 33rd Hamptons International Film Festival
📅 When: Thurs, Oct 9 – Mon, Oct 13, 2025 | 9AM–10PM
📍 Where: Various Locations

The 33rd edition of HIFF brings a world-class lineup of narrative and documentary films, features, and shorts from around the globe. 

🍪 Levain Bakery: Book Talk & Signing
📅 When: Saturday, October 11, 2025 | 12PM–1PM
📍 Where: BookHampton, 41 Main Street, East Hampton, NY

Meet Levain Bakery cofounders Pam Weekes & Connie McDonald and grab their new book.

🌿 26th Annual Long Pond Greenbelt Celebration
📅 When: Saturday, October 11, 2025 | 10AM–1PM
📍 Where: SOFO Museum, 377 Bridgehampton–Sag Harbor Tpk, Bridgehampton, NY

Enjoy games, crafts, guided walks, face painting, and ice cream!

🎉 CMEE’s Big Birthday Bash!
📅 When: Saturday, October 11, 2025 | 10AM–12PM
📍 Where: SOFO, 376 Bridgehampton–Sag Harbor Tpk, Bridgehampton, NY

Join for crafts, treats, dance, and play!

🛋️ Hub Home Grand Opening Party & Open House
📅 When: Friday, October 10, 2025 | 6PM–9PM
📍 Where: HUB Home, 2183 Montauk Hwy, Bridgehampton, NY

Celebrate the grand opening of HUB Home, a curated consignment shop with luxury furnishings, art, and décor.

Check out more events at Hamptons.com (Link in Bio)
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#hamptons #arf #community #stephentalkhouse #dining #hamptonsfilmfestival
  • The 33rd Hamptons International Film Festival kicked off last Friday with the U.S. premiere of A24’s Eternity starring Elizabeth Olsen, Miles Teller, and Callum Turner.⁠
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Elizabeth Olsen attended the premiere on Friday, and on Saturday sat down with IndieWire’s Editorial Director Kate Erbland at the Sag Harbor Cinema as a part of the festival’s “A Conversation With” series. Later that day, the second “A Conversation With” took place as Ethan Hawke and moderator Alison Stewart talked about Blue Moon, as well as Hawke’s filmography. ⁠
⁠
Sydney Sweeney received the festival’s Achievement in Acting Award following the U.S. premiere of her film Christy in East Hampton. ⁠
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Notable Guests included: Alessandro Nivola, Alec Baldwin, Amanda Peet, Tonatiuh, Miriam Shor, Lois Smith, Tim Blake Nelson, Mareille Enos, Bob Balaban, E. Jean Carroll, Roberta Kaplan, Ellen Barkin, Bernie Telsie, Bill Condon.⁠
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📸: Jess Dalene⁠
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Check out the full gallery at Hamptons.com (Link in Bio)⁠
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#hiff #hamptonsinternationalfilmfestival #film #elizabetholsen #sydneysweeney #hamptons #hamptonsfilm⁠
  • When: Fri, Oct 3rd – Sun, Oct 5th, 2025
8am – 5pm

Where: Levain Bakery, 354 Montauk Hwy, Wainscott, NY

Levain Bakery is introducing a new cookie for a limited time: Peanut Butter Dark Chocolate Chip – a decadent mix of creamy and chunky peanut butter with rich dark chocolate chunks. Originally created to celebrate the opening of Levain’s Beverly Hills Bakery, this indulgent new flavor will now be available for just three days only, October 3–5, at all retail bakery locations.

To make the weekend even sweeter, guests who purchase a cookie will receive a Levain Bakery mini tote (while supplies last), a fan-favorite collectible sure to go quickly.

#levain #levainbakery #cookie #minitote #tote #hamptons
  • From world premieres at the Hamptons International Film Festival to SouthamptonFest! ⁠
⁠
Check out the Top Hamptons Events This Weekend!⁠
⁠
🎬 33rd Hamptons International Film Festival⁠
📅 Oct 3 – 13, 2025 | 9AM – 10PM⁠
📍 Various Locations⁠
A global lineup of films, shorts & documentaries.⁠
⁠
🍪 Levain Bakery⁠
📅 Oct 3 – 5, 2025 | 8AM – 5PM⁠
📍 354 Montauk Hwy, Wainscott⁠
Try the Peanut Butter Dark Chocolate Chip cookie + snag a mini tote (while supplies last).⁠
⁠
🎉 13th Annual SouthamptonFest⁠
📅 Oct 3 – 5, 2025 | 10AM – 7PM⁠
📍 Southampton Village⁠
Arts, culture, food & family fun all weekend long!⁠
⁠
🎶 SpringsFest⁠
📅 Oct 4, 2025⁠
📍 1 Parsons Pl, East Hampton⁠
Live music, raffles, crafts, blacksmith demos & more.⁠
⁠
💃 Salsa Social @ The Clubhouse Hamptons⁠
📅 Oct 4, 2025 | 9PM – 11:30PM⁠
📍 East Hampton⁠
Dance the night away w/ DJ Chile & more!⁠
⁠
🐚 34th Annual Largest Clam Contest⁠
📅 Oct 5, 2025 | 12PM – 3PM⁠
📍 Amagansett Life Saving Station⁠
Taste clam chowder, clam pies & cheer on the winners!⁠
⁠
🎷 East Meets West Jazz Jam Session⁠
📅 Oct 5, 2025 | 2PM – 5PM⁠
📍 Southampton Cultural Center⁠
Free community jazz jam – all are welcome.⁠
⁠
🌕 Full Hunter’s Super Moon Hike⁠
📅 Oct 6, 2025 | 6:30PM – 7:30PM⁠
📍 SOFO Museum Parking Lot⁠
Guided evening hike under the moonlight.⁠
⁠
✨ Which event are you most excited for?⁠
⁠
Check out more events at Hamptons.com (Link in Bio)⁠
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#hamptons #hamptonsinternationalfilfestival #hiff #jazz #fullmoon #hike #film #levainbakery #community
  • So many fun fall activities in the Hamptons 🎃

@fairviewfarmatmecox 
@corwithsfarmstand 
@milkpailfarmorchard 

Check out our fall guide at Hamptons.com (Link in Bio)

#hamptons #fall #applepicking🍎 #pumpkin #maze #pettingfarm
  • As summer winds down and the cool breezes of fall approach, jewelry enthusiasts and fashion lovers alike are looking for the latest seasonal trends. Yael Fraynd, founder and president of Yaya Publicity, offers an insider’s perspective on what to expect this fall — especially for those embracing the chic lifestyle of the Hamptons.⁠
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Looking ahead to fall, Fraynd described the evolving styles with enthusiasm. For fall, expect to see bold statement pieces, rich gemstone colors like orange and a playful mix of metals. ⁠
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She also noted the influence of pop culture on jewelry trends, including celebrities like Taylor Swift, who is recently engaged, saying, “It could also be just, you know, with Taylor Swift, who has such a big effect on what people like.”⁠
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On the seamless transition from summer to fall styles, she observed, “In the summer, you see a bit of Western-inspired pieces, and I think that they really do kind of transition into fall really nicely. ⁠
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@yayapublicity⁠
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Read the full article at Hamptons.com (Link in Bio) ⁠
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#fall #falltrend #falljewelry #hamptons⁠
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