She said that the landlord can supply the letter writer with either a new dishwasher or a used one but cannot make the tenant pay for a new dishwasher if she is willing to accept a used one.
"Malls have decimated downtowns coast to coast because they make the tenant say they won't open a shop within 5 or 10 miles," said Mr. Donely of Garden City.
That, he said, is based on his interpretation of the language requiring the tenant to provide the landlord with 60 days' notice "if the tenant does not renew this lease". That language, he said, seems to make the tenant responsible for renewing the lease rather than making renewal automatic.
In the June issue of Apartment Law Insider, a legal publication for property owners, Mr. Litzman noted that the rider should make the tenant liable for any damages caused by violation of the rider and gives the landlord the right to evict tenants who violate it.
A: Daphna Zekaria, a Manhattan landlord-tenant lawyer, said that while co-op shareholders who occupy their apartments are technically renting the apartment from the co-op corporation, most co-ops' proprietary leases make the tenant-shareholder responsible for all appliances and fixtures inside the apartment.
Under the circumstances, given that the landlord did not make the tenant aware of the increase until well into the 60 day renewal period, it is entirely possible that the writer would be entitled to recovery of the entire security deposit.
Mr. White said his company recently found four floors of office space in Quezon City, Philippines, for RMH Teleservices, a large call-center outsourcing company based in Philadelphia, and helped get the building reclassified to make the tenant eligible for tax relief.
3. Make the tenant aware that if they do not move out, the eviction process will unfortunately be the next step.
Landlords, credit-card companies, and other business that use pre-printed forms may try to make the tenant or consumer comply with boilerplate, but some boilerplate is so excessive that it amounts to fraud.
