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Hamptons.com
April 30, 2015

Hamptons Summer Season: The Landlord Lowdown On Rentals

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

To paraphrase the poet Alfred Tennyson, in spring a Hamptons homeowner’s fancy lightly turns to thoughts of renting out their homes for the summer. I have had people tell me that the rent they collect supports them for an entire year. Others use the opportunity to travel over the summer or even rent vacation homes in places like Italy and France. My home is worth too much for me to use it over the summer is a refrain I have heard more than once. Real estate brokers in the Hamptons derive a portion of their income from summer rentals. They often tell me that the trend is towards shorter term rather than seasonal rentals. For the landlord, three different tenants over a three-month period can result in greater rental income. Others prefer one tenant for the season, even if the result may be less income. A good example of the opportunity for gain with short term rentals has been the popularity of the kinds of services offered by the website Airbnb whose practices have been exposed and roundly criticized in an October, 2014 Report by New York State Attorney General, Eric T. Schneiderman as being illegal.

In 2007, the Town of Southampton adopted a rental permit law for the unincorporated portions in the Town. Among other things, it includes a restriction on rentals of fewer than fourteen days. Violations of the law can result both significant fines and criminal prosecution for misdemeanors. Some landlords who have gone to court to collect owed rent have learned that absent the required rental permit, the collection of rent is illegal. The Town of East Hampton was intending to create a rental registration law to go into effect in 2015, but seems to have lost its enthusiasm for it, although the concern with short-term rentals still exists. The Town of Southold is considering the creation of a prohibition on short-term rentals.

Some of the widely held beliefs among the public concerning rental laws contradict the facts. Homeowners contemplating becoming landlords should have a real estate attorney prepare the lease. Real estate brokers must use leases either prepared by an attorney or subject to review by an attorney.

New York Law addresses issues such as when the rent is due, (absent an agreement to the contrary stated in the lease, at the end of the month), who and how many persons may occupy, can the landlord limit the occupancy only to those named on the lease, (New York’s “Roommate Law” says No!), issues such as subletting and assignment of the lease, (both are permitted unless the lease prohibits it, and in some instances, permission by the landlord may not unreasonably be withheld), the tenants obligation to pay rent through the end of the term of the lease should they vacate before its expiration, (they must, unless the landlord agrees otherwise), the issue of security deposits, to whom they belong, what they may be used for, and when they must be returned, laws regarding eviction, lead disclosure, and Federal, State, and Local Fair Housing Laws.

A NY State Law that became effective on December 3, 2014, RPL Section 231-a, states that every residential lease shall provide conspicuous notice in bold face type as to the existence or non-existence of a maintained and operative sprinkler in the leased premises. If there is a maintained and operative sprinkler system in the leased premises, the residential lease agreement shall provide further notice as to the last date of maintenance and inspection. According to New York attorneys, Adam Lietman Bailey and Dov Trieman in an article they wrote which was published in the “New York Law Journal” on December 14, 2014, stated, “The law is effective through the entire state of New York and appears to cover both main leases and subleases as well as new leases and renewal leases and makes no exceptions for premises that are governmentally regulated or even governmentally run.” Managers of residential condominiums who allow rentals and residential cooperatives who have tenant shareholders as well as subtenants should consult legal counsel.

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The Dirty Little Secret Of Hamptons Real Estate

The Dirty Little Secret Of Hamptons Real Estate

  • LVIS thrift shops are open Tuesdays through Saturdays 10 AM through 5 PM

donations are accepted Wednesday through Saturday 10 AM through 1 PM by appointment 

located at 95 Main St East Hampton
  • Check out the Top Hamptons Events This Weekend!⁠
⁠
🚗 The Bridge IX⁠
📅 Sat, Sept 13 | 2–7PM⁠
📍 The Bridge, Bridgehampton⁠
Over 300 rare automobiles showcased across stunning landscapes.⁠
⁠
🎬 23rd Annual Surf Movie Night⁠
📅 Fri, Sept 12 | 5:30–9PM⁠
📍 Southampton Arts Center⁠
Surfboard swap, live music & outdoor film screening. 🌊⁠
⁠
🍝 San Gennaro Feast of the Hamptons⁠
📅 Sat, Sept 13 – Sun, Sept 14 | 10AM⁠
📍 Hampton Bays⁠
Italian pastries, live entertainment & fireworks Sat @ 8:15PM 🎆⁠
⁠
🎭 In Process: Roderick George⁠
📅 Sat, Sept 13 | 7PM⁠
📍 Guild Hall, East Hampton⁠
A special in-process presentation of The Missing Fruit (Part I).⁠
⁠
🎤 Sheena Easton at WHBPAC⁠
📅 Sat, Sept 13 | 8PM⁠
📍 Westhampton Beach PAC⁠
Grammy-winning artist live on stage!⁠
⁠
☕ Cars & Coffee⁠
📅 Sun, Sept 14 | 9–11AM⁠
📍 Bridgehampton Museum⁠
Classic & exotic cars, food, drinks & live music.⁠
⁠
🛍 Hampton Vintage⁠
📅 Sun, Sept 14 | 10AM–5PM⁠
📍 Westhampton Beach Village Green⁠
Shop unique vintage finds!⁠
⁠
🎶 Hamptons Festival of Music Finale⁠
📅 Sun, Sept 14 | 4PM⁠
📍 St. Luke’s Church, East Hampton⁠
Featuring Cimarosa, Berlioz & Beethoven.⁠
⁠
🍷 Wine Dinner with Pradorey at R.AIRE⁠
📅 Tues, Sept 16 | 6:30PM⁠
📍 Hampton Bays⁠
Five-course tasting menu with exquisite wine pairings.⁠
⁠
🎥 Toy Story 30th Anniversary Screening⁠
📅 Sept 12–15 | Various Times⁠
📍 Southampton Playhouse⁠
Celebrate Woody & Buzz’s timeless adventure!⁠
⁠
Check out more events at Hamptons.com (Link in Bio)⁠
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#carshow #hamptons #sangennaro #sangennarofeast #winedinner #bridgeIX
  • The Animal Rescue Fund of the Hamptons (ARF Hamptons) hosted the Bow Wow Meow Ball in East Hampton. The evening’s honorees, Ellen and Chuck Scarborough, were presented with the Champion of Animals Award, recognizing their more than twenty-five years of support to ARF. ⁠
⁠
Over 400 guests celebrated ARF’s remarkable work with cocktails, followed by dinner catered by Olivier Cheng. Peter Marino, accompanied by his daughter and ARF Board Member Isabelle Trapnell Marino, presented the Scarboroughs with their award. ⁠
⁠
📸: Patrick McMullan/PMC⁠
⁠
Check out the full gallery at Hamptons.com (Link in Bio)⁠
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#arf #bowwowmeowball #hamptons #animalrescuefund #animalrescue
  • Make sure to add this event to your list for next summer
#Seafood #localeats #mtk #montaukgreen
  • 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.⁠
⁠
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.⁠
⁠
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.⁠
⁠
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 🎻✨⁠
⁠
🌾 Outstanding in the Field (Sagaponack)⁠
📅 Sun, Sept 7 • 3PM⁠
Dine where the food is grown! Guest chef Jason Weiner returns for his 19th year 🍽️🌱⁠
⁠
😂 Samantha Bee Live⁠
📅 Sat, Sept 6 • 8PM⁠
📍 WHBPAC, Westhampton Beach⁠
Award-winning comedian Samantha Bee brings her one-woman show to the Hamptons!⁠
⁠
🍴 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 🌙✨⁠
⁠
🎨 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 🌟⁠
⁠
👉 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
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