The New York rental agreements are legal contracts written between the landlord or owner of a real property and the tenant who wishes to use it. The tenant makes regular rent payments in exchange for the use of the property. The agreements contain all terms associated with the rental.
The New York residential lease agreement (“rental agreement”) is a written contract for the exchange of the temporary use of a residential property for regular, periodic payments (“rent”). Once signed by the landlord and tenant, the document becomes legally binding for both parties. Create an official New York standard residential lease agreement…
The New York month-to-month rental agreement allows a tenant to rent from a landlord for one month at a time, for a fee, with no end date. Typically, the landlord will collect a one-month security deposit to ensure rent will be paid and the responsibilities of the agreement are performed. In the…
The New York rental application form is part of the tenant screening process used by landlords to choose viable tenants to rent properties. Before writing up a lease, landlords can use this document to gain access to background reports for each tenant. This form allows them to check out the applicant’s references,…
The New York sublease agreement is a legal contract that allows a tenant ("sublessor") to rent (“sublease”) rental property to a new tenant (“sublessee”). With the landlord’s permission, the sublessee makes regular payments to relieve some or all of the original tenant’s obligations under their original lease. The sublease agreement does not…
The New York roommate agreement (“room rental agreement”) is a binding legal contract that defines the obligations of each tenant in a shared living situation (“co-tenants”). Each co-tenant agrees to meet a financial obligation, as well as other terms and conditions that may be specified in the document. It is necessary to…
The New York commercial lease agreement is a binding legal contract between a landlord and a business entity. It allows a business to occupy retail, office, or industrial spaces in exchange for rent. Usually, commercial property is more expensive to maintain, so this lease is more complicated than residential leases. The agreement…
New York Required Lease Disclosures
- Operative Fire Sprinkler System Notice (required for all) – All New York lease agreements must include a notice written in bold-face font that outlines whether there are operational fire sprinklers in the property, and if so, the maintenance history to protect the unit and surrounding property if a fire occurs and protect the landlord from damages resulting from a faulty fire sprinkler system.
- Bed Bug Disclosure (required for some) – New York City lease agreements must include a bed bug disclosure that discloses the infestation history of the unit and building it resides in to help avoid the spread of further infestations and limit landlord liability for bedbug-related damages.
- Lead Based Paint Disclosure (required for some) – Any New York property built before 1978 with units for rent must include a lead based paint disclosure, EPA pamphlet, and notice of any existing hazards for the safety of new tenants and to protect landlords from responsibility for health problems resulting from toxic exposure.
To learn more about required disclosures in New York, click here.
New York Landlord Tenant Laws
- Warranty of Habitability – Legal precedent in New York state dictates that a landlord must supply the following to all tenants: running water, plumbing, heating, electrical outlets, and more. At the same time, these landlords must supply repairs in a “reasonable” amount of time. If these duties are not met, a tenant may withhold rent or perform a repair and deduct.
- Evictions – A New York landlord may evict tenants who commit crimes (landlord’s discretion), fail to pay rent (14-day notice), or break a lease term (10-day, then 30-day notice). Most evictions here take over a month, though, due to appeal opportunities.
- Security Deposits – As of 2019, security deposits in New York cannot be valued at more than 1 month’s rent. Though it is not legally defined, precedent also dictates that these deposits must be returned with 14 days of a lease’s termination.
- Lease Termination – New York tenants who rent on a month-to-month basis can break that lease by providing 1 month of notice in advance. By the same token, those in a fixed-term lease can break their agreement early by providing evidence for one of the following: active military duty, domestic violence/stalking, landlord harassment, unit uninhabitability, or advanced age/health issues.
- Rent Increases & Fees – New York state does administer a statewide rent control. Through this program, local jurisdictions (currently 3 counties and NYC) may control rent on buildings built before 1971. This program does not explicitly require advance notice or justification for these increases, though. Meanwhile, the state allows most fees to be charged at any reasonable rate. Returned check fees are capped at $30, however.
- Landlord Entry – New York state recommends (but does not enforce) a 24 hour notice period prior to any landlord entry. This applies to most reasons for landlord entry, excepting emergencies (which are understood to justify notice-less entry).
- Settling Legal Disputes – New York state landlords and tenants can file claims in either state small claims court or a local court. The former of these carries a $5,000 value limit, while the latter carries a $3,000 limit. Eviction cases are also only heard through state civil courts.
To learn more about landlord tenant laws in New York, click here.