Any realtors here who can give me advice.........

cheylink

TCS Member
Thread starter
Top Cat
Joined
Aug 31, 2005
Messages
8,259
Purraise
102
Location
queens, new york
    I am looking to rent in Brooklyn, NY and today found a lovely apartment for Maia and I, but have some worries about the Realtor/ situation.....She was as nice as could be, made me feel really comfortable, had keys, and spoke to the landlord via phone while I was there. Before I looked at the apartment, she explained to me that there is a one month rental fee, but the landlord only wants first month rent, no deposit, so the deposit would go to the Realtor so they can insure quiet, trustworthy, clean tenants move in. Understandable although it is the first time I have ever heard of this. 

    So after seeing apartment, I wanted it but we couldn't do application and meet landlord till Monday.  She told me that if I gave them a deposit they wouldn't show it to anyone else, which would have been one months rent. I didn't do this, felt there were to many questions..... she gave me applications to fill out and bring back Monday morning and told me to make sure I bring money as well, fee and first months rent, and then we would meet up again to sign lease and get keys........That doesn't sound right to me either? I honestly don't even know what Realtor she works for, it was a listing in a paper, and is it normal to hand over all that money without lease and keys?

  Help me....
 

nerdrock

TCS Member
Super Cat
Joined
Jan 3, 2010
Messages
971
Purraise
34
That doesn't sound right to me at all... Did you get her name or anything that you can google?

There are tons of scams around here with rent to own houses, what happens is that someone rents a house and then puts it up as a rent to own when they don't actually own the property. They accept a HUGE downpayment and then collect rent each month, at some point the actual landlord comes around because the rent isn't being paid. S/he doesn't know the people living in the home, the people living there don't know the landlord and no one knows where the person that was collecting the rent is. 
 

catkiki

TCS Member
Top Cat
Joined
Aug 17, 2005
Messages
4,591
Purraise
66
Location
Somewhere in the US
Did she give you her business card? If she was legit, she would have. Also the information should be on the paperwork.
 

jcat

Mo(w)gli's can opener
Veteran
Joined
Feb 13, 2003
Messages
73,213
Purraise
9,851
Location
Mo(w)gli Monster's Lair
We're landlords, and our usual procedure is to sign the lease, then hand over the keys after the new tenant has paid the security fee and first month's rent by credit transfer.
 

pushylady

TCS Member
Veteran
Joined
Jul 26, 2005
Messages
16,398
Purraise
451
Location
Canada
That's raising a red flag with me too.
Our procedure is to give out an application form to prospective tenants, with no guarantees. Then if we & they do want the apartment (after credit checks etc) they sign a tenancy agreement and THEN we get the first & last month's rent from them.
I would not be comfortable with giving a fee or deposit without paperwork in hand. And I'd want to know who the landlord is.
 

swampwitch

TCS Member
Top Cat
Joined
Sep 30, 2006
Messages
7,753
Purraise
158
Location
Tall Trees & Cold Seas Vancouver Island
You did the right thing to trust your instincts! Even if the realtor is genuine, surely she doesn't expect someone to hand over one month's rent to a stranger in return for a promise? I'm also suspicious about the extra month's rent that is supposed to go to her. That might not have been the owner on her phone, could have been anybody.

I know a little about this sort of thing, and did a quick check for Brooklyn, and I found nothing saying it's legal what the realtor asked you to do. If she wanted you to give a first month's rent to hold the property for you, that should have been in a contract IMO, and I'd still be suspicious even then.

You really need to arm yourself with the law, it will protect you, so here it is: http://www.housingnyc.com/html/resources/attygenguide.html

I found that in your area, you can also call a 311 hotline to get info about this. I hope the apartment is legit and that you get it on Monday, sounds really good for you and Maia.
 
Last edited:

swampwitch

TCS Member
Top Cat
Joined
Sep 30, 2006
Messages
7,753
Purraise
158
Location
Tall Trees & Cold Seas Vancouver Island
I just found this law from New York Penal Code - Article 180 - Rent Gouging in the Third Degree (I'm assuming it's okay to post laws here):
Code:
§ 180.55 Rent gouging in the third degree.    A  person  is  guilty  of  rent  gouging  in the third degree when, in  connection with  the  leasing,  rental  or  use  of  real  property,  he  solicits,  accepts  or agrees to accept from a person some consideration  of value, less than two hundred fifty dollars,  in  addition  to  lawful  rental and other lawful charges, upon an agreement or understanding that  the  furnishing of such consideration will increase the possibility that  any person may obtain  or  renew  the  lease,  rental  or  use  of  such  property,  or that a failure to furnish it will decrease the possibility  that any person may obtain or renew the same.    Rent gouging in the third degree is a class B misdemeanor.
http://law.onecle.com/new-york/penal/PEN0180.55_180.55.html
 
Last edited:

Ms. Freya

Advisor
Veteran
Joined
Sep 19, 2008
Messages
3,348
Purraise
123
Location
Ontario, Canada
I think you were right not to hand anything over - that sounds REALLY suspicious to me. I rented for years and never heard of a fee. pushylady's procedure is pretty much what I've done every time I rented. This doesn't sound normal.
 

calico2222

TCS Member
Top Cat
Joined
Dec 9, 2004
Messages
7,731
Purraise
41
Location
Over the river and through the woods...
Well, it may not be as shady as you think. A guy that DH works with had a deal with a company that sounds similar. He was renting his basement apartment and hired a company to be a go between with the tenets and him, since he worked 2 jobs and wasn't home very much. They screened the applicants, collected the rent, and evicted them if needed. They also got most of the first months rent as their fee and got 10% of each rent after that for their services. So, it's not uncommon. But, the realtor should not have explained where the first month's rent went...that is between the company and the owner.

You may want to call the company and see exactly what the agreement is and make sure it is legit, especially if you like the apartment. But, I would not hand over any money until you have the signed agreement in your hands and keys in sight.
 
Last edited:
  • Thread Starter Thread Starter
  • #11

cheylink

TCS Member
Thread starter
Top Cat
Joined
Aug 31, 2005
Messages
8,259
Purraise
102
Location
queens, new york
  Just wanted to let everyone know that everything worked out great! I met Realtor and landlord today, who is the sweetest woman, signed lease, received keys even though move in isn't till the 15, paid fee and first rent. The landlord said I'm welcome to come in before then to do some fixes, everything was legit! I am very excited for Maia to see our new home, I know she is going to love it......

Pictures when we are settled in ofcourse!

   Thanks everyone
 

pushylady

TCS Member
Veteran
Joined
Jul 26, 2005
Messages
16,398
Purraise
451
Location
Canada
Well I'm very glad to hear that. Congrats! :clap: It's stressful enough looking for a new home without the added complications of potentially shady deals. So she's just acting as property manager then? I agree with Calico222, the realtor shouldn't have told you about her fees, that's between her and the landlord and the landlord should be the only one paying her. Oh well, not that it matters now. I'm happy that you've found a good place to live!
 
Last edited:
Top