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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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A Legendary Day at Sebonack!

September 9 @ 08:30 AM - September 9 @ 05:00 PM
Sebonack Golf Club - 405 Sebonac Rd, Southampton, NY 11968
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Youth Advisory Committee (YAC)

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September 11 @ 07:00 PM - September 11 @ 09:00 PM
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Tour of the Beebe Windmill with Southampton Town Historian Julie Greene

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Bay Street Hosting Hamptons Mardi Gras Dance Party

Bay Street Hosting Hamptons Mardi Gras Dance Party

  • I recently toured the new Rolex Boutique by London Jewelers in East Hampton, and it’s one of the most beautiful retail spaces I’ve ever stepped into. Located on Newtown Lane, the boutique is set inside a restored historic home that dates back to 1897, originally designed as a summer cottage.⁠
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From the outside, it has that classic East Hampton charm, cedar shingles, white trim, and lush landscaping. But once you step inside, it’s all about quiet sophistication.⁠
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The space is warm and welcoming, with walnut wood paneling, soft neutral tones, and beautiful textures throughout. There’s a fluted marble wall in a rich green Verdi Alpi stone that immediately catches your eye. It’s one of those details that’s understated but unmistakably Rolex.⁠
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Read the full article at Hamptons.com (Link in Bio)⁠
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#rolex #easthampton #hamptons #luxury #watch⁠
  • 🎾 Men’s US Open Final Viewing Party⁠
📅 Sun, Sept 7 • 2–5PM⁠
📍 Canoe Place Inn, Hampton Bays⁠
Watch the riveting Men’s US Open Final with drinks, grilled classics & fellow tennis fanatics in the lush garden.⁠
⁠
🦞 Montauk Seafood Festival⁠
📅 Sat, Sept 6 – Sun, Sept 7 • 12–5PM⁠
📍 On the Green, Montauk⁠
The ultimate seafood event in the Hamptons! Lobster rolls, fish tacos, chowder, oysters & more 🐚🍤⁠
⁠
🩰 Master Class w/ Kat Wildish⁠
📅 Sat, Sept 6⁠
📍 Hamptons Ballet Theatre School, Bridgehampton⁠
Open-level adult ballet class with world-renowned former NYCB & ABT dancer Kat Wildish. One day only!⁠
⁠
🎶 Hamptons Festival of Music⁠
📅 Sat, Sept 6 • 7PM⁠
📍 St. Luke’s Episcopal Church, East Hampton⁠
THFM’s MainStage Festival Orchestra featuring The New American Sinfonietta 🎻✨⁠
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🌾 Outstanding in the Field (Sagaponack)⁠
📅 Sun, Sept 7 • 3PM⁠
Dine where the food is grown! Guest chef Jason Weiner returns for his 19th year 🍽️🌱⁠
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😂 Samantha Bee Live⁠
📅 Sat, Sept 6 • 8PM⁠
📍 WHBPAC, Westhampton Beach⁠
Award-winning comedian Samantha Bee brings her one-woman show to the Hamptons!⁠
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🍴 Stirring The Pot: Andrew Carmellini⁠
📅 Sun, Sept 7 • 11AM⁠
📍 Guild Hall, East Hampton⁠
NYT’s Florence Fabricant interviews star chef Andrew Carmellini about his restaurant empire.⁠
⁠
🌕 Full Harvest Moon Hike⁠
📅 Sun, Sept 7 • 7:30PM⁠
📍 Meet at SOFO Museum, Bridgehampton/Sag Harbor Tpke⁠
Walk under the moonlight with Friends of the Long Pond Greenbelt 🌙✨⁠
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🎨 Style Beading Workshop⁠
📅 Fri, Sept 5 • 1PM⁠
📍 Nathaniel Rogers House, Bridgehampton⁠
Join Indigenous artist Savannah LeCornu to learn traditional beading techniques.⁠
⁠
⛳ A Legendary Day at Sebonack!⁠
📅 Tues, Sept 9 • 8:30AM–5PM⁠
📍 Sebonack Golf Club, Southampton⁠
An unforgettable day of golf supporting Westhampton Beach PAC 🌟⁠
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👉 Which event are you going to this weekend?⁠
⁠
Check out more events at Hamptons.com (Link in Bio)⁠
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#community #entertainment #hamptons #usopen #golf #comedy #seafood #montauk
  • Hamptons fashion week was hosted at Zoe Hospitality Private Membership Club, featuring designer Johnny Was, Porshia Swim, Vernice Holmes, Atelier H, Cesar Galindo, SixyByVenice and Ines Hernandez Hats.

#hamptonsfashionweek
  • As the summer comes to an end, it’s time to find out what everyone was reading this summer.
  • Brook Sheilds celebrates the launch of her hair care brand for women over 40 by making stops at some of her favorite stops in the Hamptons. The stops include The Hub, Clare V and Jones Road. Brooke personally handed out the Shine-Enhancing Detangler to the first 25 people at each stop.

#commence #brookeshields
  • Although Mavericks has only been open for two years, it has quickly become a Montauk staple beloved by locals and summer vacationers. Under the helm of Executive Chef and Montauk local Jeremy Blutstein, Mavericks stands out in the Hamptons restaurant scene with large-format dishes, sunset views, and an elegant ambiance marked by an exclusive contemporary art collection.⁠
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Hamptons.com caught up with Jeremy to talk about his favorite dish, Mavericks’ menu, and his go-to lunch spot.⁠
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When did you first realize you wanted to be a chef?⁠
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I wouldn’t say there was a defining moment when I knew I wanted to be a chef. I do know that the first time I worked in a restaurant, I was hooked on the whole experience. I was a teenager at The Farmhouse Restaurant in East Hampton (which is now Moby’s). The structure within the chaos was intoxicating, and we had to make everything happen because there was no other option. Thriving in those high-stress environments was like a drug.⁠
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What’s your favorite dish to cook and why?⁠
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I don’t come from a cooking family, so I don’t have any go-to Grandma’s recipes or food traditions. I’ve always been drawn to what’s available at the moment. I grew up with my very dear friend Alex Balsam (from Balsam Farms in Amagansett), who has been obsessed with farming as far back as our 35-year friendship began. He taught me where and who our food comes from. I’m also a big believer in the old “keep it simple stupid” mantra. Honest ingredients seasoned well and cooked with honest intentions. ⁠
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Read the full interview at Hamptons.com (Link in Bio)⁠
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#mavericks #montauk #chef #dining
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