Tenant Voluntarily Offers to Prepay Last Two Month's Rent

March 1, 2002

LVT Number: 15662

Tenant offered to prepay landlord the last two month's rent, in addition to the first month's rent and one month's security deposit. Landlord asked the DHCR if accepting this rent would be an overcharge. In an opinion letter, the DHCR said no. As long as it was clear that tenant was voluntarily paying the last two month's rent in advance and the amount wasnt greater than the legal rent for those two months, it wouldn't be considered an improper collection of an excess security deposit.

Tenant offered to prepay landlord the last two month's rent, in addition to the first month's rent and one month's security deposit. Landlord asked the DHCR if accepting this rent would be an overcharge. In an opinion letter, the DHCR said no. As long as it was clear that tenant was voluntarily paying the last two month's rent in advance and the amount wasnt greater than the legal rent for those two months, it wouldn't be considered an improper collection of an excess security deposit.

DHCR Opin. Ltr. by Charles Goldstein (8/2/01) [2-pg. doc.]

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