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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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Aperitivo (Sunset Cocktails)

October 30 @ 05:00 PM - October 30 @ 08:00 PM
The Baker House 1650
30
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30
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30
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A Season in Sound: A Look at the Year to Come

October 30 @ 06:00 PM - October 30 @ 07:00 PM
Hoie Hall at St. Luke's Episcopal Church
30
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30
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Wine & Cheese Class at Wölffer

October 30 @ 06:00 PM - October 30 @ 07:30 PM
Wölffer Estate Vineyard 139 Sagg Road Sagaponack, NY 11962
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LTV Presents a Night of Spooky Fun: Vampire Masquerade

October 30 @ 07:00 PM - October 30 @ 09:00 PM
75 Industrial Road, Wainscott, NY, 11975
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Vampire Masquerade at LTV Studios

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Bay Street Hosting Hamptons Mardi Gras Dance Party

Bay Street Hosting Hamptons Mardi Gras Dance Party

  • Dust off your favorite witch’s hat and opt for a paddleboard instead of a broom for Paddle Diva & Wych’s Bloom’s inaugural Witches Paddle on Wednesday, October 29, from 4–6 p.m. at Paddle Diva (10 Boat Yard Rd., East Hampton, NY). A portion of the proceeds will go to the Surfrider Foundation’s Eastern Long Island Chapter and its efforts to protect the world’s oceans, waves, and beaches through dedicated activism. ⁠
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We’ve all seen Witches Paddles grace our social media feeds, and now you can partake in the spooky fun! This tradition combines Halloween vibes with the healing power of nature as you glide and take in the beautiful Three Mile Harbor views.⁠
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Gina Bradley excitedly shared, “I am thrilled to be hosting this at Paddle Diva’s permanent location inside Swan’s Marina (formerly Vanderveer’s). This kind of paddle has been on my mind for many years, as I’ve seen them in all parts of the world, and it looks so cool seeing all the witches gracefully gliding along the water. This is particularly exciting because we’ve joined forces with Wych’s Bloom, a local herbal apothecary brand, and Surfrider to raise money and awareness for ocean and clean bay initiatives that are crucial for our waters on the East End of Long Island.”⁠
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“As an herbalist, Samhain, or Halloween, offers a special occasion for me to celebrate the healers who came before us to teach the wisdom of the plants in our region. I had seen people gathering for Witches Paddles all over the country, and as a surfer, I connected instantly with these events. When I texted Gina the idea, she was immediately in. That’s what I love about the women on the East End—they’re always up for an adventure,” shared Wych’s Bloom owner and Surfrider Foundation board member Christina Winters.⁠
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Join us in taking part in this one-of-a-kind event! Craft a witch’s outfit and set sail at the inaugural Witches Paddle for a great cause.⁠
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@paddlediva @wychs_bloom⁠
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#witch #witchespaddle #paddlediva #hamptons #halloween #easthampton⁠
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  • Check out the top Hamptons events this weekend!⁠
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🍎 Wölffer’s Cider Fest⁠
📅 Sat, Oct 25 | ⏰ 2–5PM⁠
📍 The Wine Stand, Sagaponack⁠
Sip cider, enjoy live music, games, and lobster rolls!⁠
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🍦 Buddhaberry’s Spooktacular Costume Party⁠
📅 Sat, Oct 25 | ⏰ 2–4PM⁠
📍 Buddhaberry, Southampton⁠
Bingo, trivia & costume prizes galore!⁠
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👻 Haunted Village⁠
📅 Sat, Oct 25 | ⏰ 11AM–4PM⁠
📍 Southampton History Museum⁠
Ghost stories, pumpkin carving & trick-or-treating!⁠
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🧙‍♀️ CMEE’s Halloween Bash⁠
📅 Fri, Oct 24 | ⏰ 4–6PM⁠
📍 CMEE, Bridgehampton⁠
Spooky crafts, games & costume contest!⁠
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🎬 The Horror Show at Sunset Theater⁠
📅 Oct 24–30⁠
📍 Westhampton Beach⁠
7 nights of scary movies 🍿⁠
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🎧 Halloween Silent Disco Dance Party⁠
📅 Sat, Oct 25 | ⏰ 7–10PM⁠
📍 Guild Hall, East Hampton⁠
3 channels, endless grooves—disco, funk & more!⁠
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🐾 Canines in Costume at LongHouse Reserve⁠
📅 Sat, Oct 25 | ⏰ 10:30AM–12:30PM⁠
📍 East Hampton⁠
Dress up your pup + enjoy treats & fun!⁠
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🎃 Bridgehampton Halloween Parade⁠
📅 Sat, Oct 25 | ⏰ 10–11AM⁠
📍 Hampton Library, Bridgehampton⁠
Trick-or-treat parade down Main Street!⁠
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🎸 The Cherry Bombs at The Stephen Talkhouse⁠
📅 Fri, Oct 24 | ⏰ 8PM⁠
📍 Amagansett⁠
Rock out all night! 🤘⁠
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🌲 Enchanted Forest Trail⁠
📅 Oct 25–26 | ⏰ 12–1:30PM⁠
📍 Quogue Wildlife Refuge⁠
Costume walk + crafts + games!⁠
⁠
🥁 Annual Ragamuffin Parade⁠
📅 Sun, Oct 26 | ⏰ 1PM⁠
📍 Sag Harbor⁠
Parade fun for all ages + pets!⁠
⁠
🐶 Little Lucy’s Annual Pet Parade⁠
📅 Sat, Oct 25 | ⏰ 1–4PM⁠
📍 Agawam Park, Southampton⁠
Prizes, live music & celebrity judges!⁠
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🕸️ Solé East’s Halloween Party⁠
📅 Sat, Oct 25 | ⏰ 8PM⁠
📍 Montauk⁠
Win a free weekend stay for best costume!⁠
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🍁 Centro’s Fall Festival⁠
📅 Sun, Oct 26 | ⏰ 12–5PM⁠
📍 Hampton Bays⁠
Pumpkin decorating, drinks & local vendors!⁠
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🔗 Click link in bio for more events at Hamptons.com⁠
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#hamptons #halloween #pumpkins #scarymovies #southampton #sagharbor #easthampton #costumes
  • East Hampton’s streets came alive with wagging tails and smiling faces for ARF’s 32nd Annual Stroll to the Sea Dog Walk. Families, friends, and their dogs gathered at the historic Mulford Farm, where the morning kicked off with vendors, photo ops, custom merchandise, contests, and prizes.

@arfhamptons 

#arf #hamptons #community #mainbeach #adoptdontshop❤️
  • Last Saturday, Wölffer held its annual harvest party at its scenic vineyard in Sagaponack. The annual fest brought together friends, families, and wine lovers to toast the season and harvest behind every bottle of Wölffer wine.⁠
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📸: Cameron Burton⁠
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Check out the full gallery at Hamptons.com (Link in Bio)⁠
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#wolffer #hamptons #wolfferwine #harvestparty
  • From Hollywood red carpets to Milan exhibits and Hamptons fashion shoots, Filbert Kung has photographed the world—but it’s his quiet, unguarded, and attentive nature that reveals the artist behind the lens.⁠ @filbert_kung 
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I met Filbert Diego Kung at a Grey/Ven fashion event in Amagansett last summer. He’s one of those rare photographers who instantly puts you at ease—calm, composed, and naturally good at making anyone feel like they belong in front of his lens. Had I known then just how in-demand Filbert is in the fashion and photography world, I probably wouldn’t have asked him to snap a few shots of me goofing off on the red carpet. But maybe that makes me a model? Either way, it was my first glimpse of how effortlessly he captures people as they are. In my case, goofy-but-make-it-chic.⁠
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Since then, I’ve seen him popping up around the Hamptons, often between flights to LA, Miami, or wherever the next big editorial or campaign takes him. Originally from the Philippines, Filbert has spent over fifteen years building a career that bridges Hollywood red carpets, high-fashion editorials, and fine art portraiture. ⁠
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Read the interview at Hamptons.com (Link in Bio)⁠
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⁠#photographer #photography #hamptons
  • From fall festivals to concerts, a lot is happening in the Hamptons this weekend! ⁠
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Check out the top Hamptons events this weekend!⁠
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🎃 Fall Festival at Good Ground Park⁠
📍 Hampton Bays | 🗓️ Fri, Oct 17 | 🕓 4–6PM⁠
Bring your pre-carved pumpkin & compete for prizes! Games, food truck, costume parade & more!⁠
👉 Link in bio⁠
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🍷 Wölffer’s Candlelight Fridays⁠
📍 Sagaponack | 🗓️ Fri, Oct 17 | 🕓 4–7PM⁠
Live music, seasonal pairings & cozy vibes 🍁⁠
👉 Link in bio⁠
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🖼️ Like No One: Michael McDowell Exhibition⁠
📍 East Hampton | 🗓️ Oct 17–19⁠
🎉 Opening reception: Sat, Oct 18 | 4–8PM⁠
Fine art lovers, don’t miss this!⁠
👉 Link in bio⁠
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📚 BookHampton: Caroline Sutton in Conversation⁠
📍 East Hampton | 🗓️ Sat, Oct 18 | 🕕 6PM⁠
Nature meets literature in this insightful author talk.⁠
👉 Link in bio⁠
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👟 Shelter Island Fall 5K Run/Walk⁠
📍 Shelter Island | 🗓️ Sat, Oct 18 | 🕚 11AM–2PM⁠
Run/walk for a cause—supporting Breast Cancer Awareness 💗⁠
👉 Link in bio⁠
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🏛️ 32nd Annual Landmarks Luncheon⁠
📍 Maidstone Club | 🗓️ Sat, Oct 18 | 🕦 11:30AM–2:30PM⁠
Hosted by LVIS, spotlighting the history of East Hampton’s Freetown.⁠
👉 Link in bio⁠
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🍂 Amber Waves’ Oktoberfeast⁠
📍 Amagansett | 🗓️ Sat, Oct 18 | 🕑 2–5PM⁠
Seasonal dishes, live music, dancing & games 🎶⁠
👉 Link in bio⁠
⁠
🎻 BCM Autumn: Brooklyn Rider⁠
📍 Bridgehampton | 🗓️ Sat, Oct 18 | 🕔 5–6:30PM⁠
A powerful string quartet performance you won’t want to miss.⁠
👉 Link in bio⁠
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🍷 Cab Franc Forward Winemaker’s Dinner⁠
📍 Shelter Island | 🗓️ Sun, Oct 19 | 🕔 5PM⁠
Multi-course dinner + Cab Franc pairings = 🍽️🍇 perfection⁠
👉 Link in bio⁠
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✨ So much happening this weekend — which event are you heading to first?⁠
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#hamptons #fall #fallfestival #shelterisland #5k #wine #winedinner #amberwaves #wolffer
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