Who should pay the real estate agent for apartment rental in NYC? The tenant or landlord?

August 16, 2009

apartment rental

I am a landlord and I recently rented out an apartment through a real estate agent. The tenant paid 1 month security, first month rent, and the last month rent of a 1 year lease. My real estate agent took the last month rent from my tenant as the commission. This means that I won’t get the last month rent when the lease is up. Is this how it works? I always thought that the tenants pay for the fees. In this case, I am paying for it.

Rent Back Fast

Related articles:

  1. IRS Agent Must Pay Nearly Half a Million Dollars for Spying… on His Tenant A Broward County, Florida jury recently ordered an IRS agent to pay a woman $476K this week in a case that has nothing to do with taxes. ...
  2. Top Reasons to Use a Real Estate Agent to Help you Find an Apartment “When most people think about searching for an apartment, they do not even consider enlisting in the services of a broker or realtor. Rather, they look through newspapers, rely...
  3. Apartment Hunting 101: your Leasing Agent “Looking for an apartment can be a time-consuming and sometimes overwhelming experience. Trying to sort through all of the different apartment listings can be quite tedious and deciding which...

{ 7 comments… read them below or add one }

Lisa W August 17, 2009 at 3:29 am

If you recruited the real estate agent, you should pay.

sylversyde August 18, 2009 at 7:02 am

The industry standard in Manhattan is for the real estate agent to charge the lessee 12-15% of the annual rent. The lessor (you) typically requires 1-2 months of security deposit, but never collects any fee for renting the apartment. One alternative is to go direct to lessee’s and then just charge a premium on the rent, but game it by not charging the full 12-15% equivalent uplift.

greeter7 August 21, 2009 at 3:58 am

How in the world did you get to where you are in your business? You should know when you lease direct to a tenant YOU are your own agent. When you rent through an agent you must pay the agent. Perhaps you should go back and gain a little more education in your line of work.

MissMolly August 21, 2009 at 9:02 pm

sorry. yes, you should have worked that out the the agent first.
we looked as using brokers recently for renting in nyc.
normally
it is first and last to owner
and either one month rent to broker
or 10 percent of annual rent.
too late now to fix it, but if you work with an agent again–figure it out in writing.
you cant ask of anything from the tenant now.

qarp8dm August 25, 2009 at 3:55 am

If you hired the agent then you have to pay the agent.

vlvtnrbt August 26, 2009 at 9:40 am

If you contracted with the agent to find you a tenant then you pay. and 1 month’s rent is customary, In NYC however there is the illegal institution of “Key money” which is unrecorded , non-refundable cash payment from the new tenant paid to either the Real Estate person as a finder’s fee, or to the landlord for choosing them as the new tenant, and sometimes paid to an old tenant to get them to vacate. Next time you should try and collect some of this gravy.
If the tenant does not stay the full 1st year of the tenancy (lease term) the real estate agent is usually required to return a prorated portion of their fee, but their nature being what it is , good luck trying to collect this without having to go to court to get it.

Trouble August 29, 2009 at 9:12 pm

Sounds like how it works in my locale.

You used the agent. Did you think the agent worked for free? Did you not ask what it would cost in advance? Of course you pay for it.

Leave a Comment

Previous post: I’m thinking about moving to Manuel Antonio Costa Rica where can I find a resonable apartment rental and a gym?

Next post: How can I make home decorations out of love letters?