Wednesday, October 9, 2013

Understanding 'double-dipping' in leasing

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Double-dipping is a practice of drawing two incomes. Investopedia explains that this concept can have multiple meanings depending on the context. For instance, when a person holds a government job and receives a pension, it can be considered double-dipping. It could also take place in real estate, as with the case of a New York landlord whose tenant died while still having a year left on her lease.

The landlord relates to The New York Times his concern. The contract lease between him and his tenant states that her estate is held responsible for paying the rent for the remainder of the lease. Now he asks whether he has the legal right to still collect rent money from the estate should there be another tenant before the lease expires.


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Jonathan H. Newman, a Manhattan real estate lawyer, says this is not allowed for it is considered double-dipping. According to him, since the estate is legally responsible for the lease and is paying what is due, the landlord has no legal right to collect rent from another party or lessee. However, the landlord could seek the approval of the estate to terminate the lease term with an appropriate termination fee in lump sum form. Together with this lease termination is the release of the estate from the remaining balance. Only then can the landlord be able to have the apartment offered to another person for renting.



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