New York Rental Agreement

Last Updated: August 1, 2022

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.

New York Rental Agreement Types

12 pages
Residential Lease Agreement

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”).

9 pages
Month-to-Month Rental Agreement

A New York month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time.

3 pages
Rental Application Form

The New York rental application form is a document that landlords provide to prospective tenants to collect information relating to their finances, rental history, and any past evictions they have faced.

7 pages
Residential Sublease Agreement

The New York sublease agreement is a legal contract that allows a tenant ("sublessor") to rent (“sublease”) rental property to a new tenant (“sublessee”).

9 pages
Roommate Agreement

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”).

8 pages
Commercial Lease Agreement

The New York commercial lease agreement is a binding legal contract between a landlord and a business entity.

Common Rental Agreements in New York

  • New York Residential Lease Agreement this template, for use by New York residential rental units is provided by the New York Multiple Listing Network. It provides an extensive list of rules and procedures, including specifics that go as far as outlining the tenant’s responsibility for the condition of the unit.
  • New York Renewal Lease Form this form, for use by rent stabilized units in New York. The form has two sections, Section A indicates the landlord’s offer to the tenant to renew and additionally outlines the price of the rental unit and any additional costs and fees. Section B is the Tenants response to the landlord and indicates if they accept or decline the landlords offer. There are additional instructions for both the tenant and landlord.
  • The New York City Bar Office Lease – this template, for use by New York commercial offices is provided by The New York City Bar. It provides an extensive list of rules and procedures, including specifics that go as far as outlining exhibits such as landlord’s regulations, standby letter of credit, etc.
    • It’s important to note, these real estate forms are a basic “starting point” and are intended to be used in conjunction with the commentary, where provided, and the advice of counsel. They are not intended to be a substitute for retaining counsel. The actual transaction to which a document relates may require modification of the real estate form.
  • The New York City Bar Retail Leasethis extensive form, for use by New York commercial retail spaces is provided by The New York City Bar. It outlines New York property rules and procedures and incorporates details such as signage, shared common areas, and subletting policies.
    • It’s important to note, these real estate forms are a basic “starting point” and are intended to be used in conjunction with the commentary, where provided, and the advice of counsel. They are not intended to be a substitute for retaining counsel. The actual transaction to which a document relates may require modification of the real estate form.

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.
  • Security Deposit Holdings (required for some) -If a New York landlord asks for a security deposit, they must provide a written disclosure of how those security deposit funds will be kept while the tenant is renting the property. This disclosure must include the name of the holding institution, the location of the holding, and the sum of the holding. It may also include the account number.
  • 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, mailbox, smoke/carbon monoxide detector 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 (only after taking legal action) or perform a repair and deduct.
  • Evictions – New York landlords may evict tenants for a number of reasons including, but not limited to failure to pay rent, a violation of a leasing term, or committing an illegal act. Landlords must provide tenants with prior notice to pay, comply or quit, depending on the type of eviction. Most evictions here take over a month.
  • Security Deposits – As of 2019, security deposits in New York cannot be valued at more than 1 month’s rent. Any unused portion of the security deposit must be returned within 14 days after the tenant vacates the premises.
  • 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. A tenant who is in 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, advanced age/health issues, etc.
  • Rent Increases & Fees – New York state does administer a rent control for some dwelling units (refers to buildings built in prior to February 1, 1947 and the tenant/family must have occupied that dwelling unit since July 1, 1971.). Advance notice is required if the rent will increase by 5% or more, the notice period depends on how long the tenant has occupied the unit.  Additionally, late fees are capped at $50 or 5% of the monthly rent (whichever is less) and $20 for bounced check fees.
  • Landlord Entry – Tenants are required to give the landlord access to the property to make necessary repairs. However, a landlord must give tenants “reasonable” notice unless it’s an emergency.
  • Settling Legal Disputes – New York state landlords and tenants can file claims in either state small claims court or a local court. New York City carries a $10,000 value limit, New York state carries a $5,000 limit in city courts or up to $3,000 in town and village courts, and Nassau/Suffolk counties carry a $5,000 limit. Eviction cases are also only heard through state civil courts.

To learn more about landlord tenant laws in New York, click here.