Partner Jonathan H. Newman was quoted in yesterday's New York Times responding to a question posted by a reader.

Here's the piece, that ran on Sunday, June 15, 2008, in its entirety:

June 15, 2008

Paying Fees and Charges in Addition to Rent

Q A friend of mine is subletting a co-op apartment. Besides paying her monthly rent, she is responsible for the sublet fee and the maintenance charge. Is this really her responsibility or the owner’s?

A “Free market rentals are subject to relatively few conditions,” said Jonathan H. Newman, a Manhattan real estate lawyer.

He said that while the owner of the apartment is ultimately responsible for all maintenance charges and, probably, for the sublet fee as well, there is nothing in the law that stops the owner from shifting the obligation to pay those sums to their free-market subtenants. “If the letter writer’s friend agreed to accept responsibility for these charges, then they would be considered part of the rent obligation for the duration of the tenancy,” Mr. Newman said.

To download a copy of the article, please use this link: PAYING FEES AND CHARGES