You have a friendly relationship with your landlord and one day they ask you if they can have the rent check a week or two early. Do you have to give it to them? We asked a local lawyer.

Buying a home is becoming almost impossible for Hudson Valley residents. More and more people are either renewing their existing lease or signing a new one at a different apartment. If you rent a property that belongs to a single owner then it's quite common to develop a relationship with them over renting from a large property management company. Often the tenant communicates directly with the landlord for things like maintenance issues, requests or even extensions on the rent check being due.

What about the opposite? Can a landlord request your rent check early?

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Kseniya Ragozina
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They can request it if they'd like but you're not legally required to pay depending on what the lease agreement sates. We asked attorney Alex Mainetti from Mainetti & Mainetti the question and here is his response:

"That would depend on the terms of the lease agreement. The lease agreement should say when rent is due and how to make payment (where to mail it/drop it off etc.) If the terms of the lease make rent payable first week of every month which is typical then the answer is no the landlord cannot legally require the tenant to make payment earlier than that.  However, things can get interesting if there is no lease or if the lease is silent on this issue.  In that scenario it would go by what the landlord and tenant’s typical arrangement for payment.  Such as was rent typically made, beginning of month? middle of month? Or end of month? Friendly relationships are fine and good, but they no bearing whatsoever on what is legally allowable/required. Contract law and caselaw controls." Alex Mainetti, Esq. Mainetti & Mainetti

 

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