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.
New York Lease Disclosures & Addendums
The following disclosure is required for all residential lease agreements in New York.
- Operative Fire Sprinkler System Notice – for all residential leases.
- Bed Bug Disclosure – for all New York City leases.
- Lead Based Paint Disclosure – for rental units built prior to 1978.
There are also a number of optional disclosures and addendums that help reduce future conflicts and/or legal liability in New York.
Operative Fire Sprinkler System Notice
Applicable to all residential leases.
All rental agreements in New York must include a conspicuous notice (written in bold face font) about whether or not the property has a functioning operative fire sprinkler system. If there is a system in place, the lease must include the maintenance and repair history .
The following is an example of a disclosure to include:
FIRE SPRINKLER SYSTEM. This rental property or dwelling unit is:
[ ] Equipped with a functioning fire sprinkler system
[ ] NOT equipped with a functioning fire sprinkler systemFor functioning systems, the maintenance history is as follows:
_________
_________
_________
Bed Bug Disclosure
Applicable to rental united located in New York City (not required in other cities).
While it is recommended that bed bug disclosures are included in residential leases in New York, disclosure is required in New York City specifically. This disclosure must include both the bedbug history of the property being rented and the building it is located in. Units with bed bugs may not be rented out .
BED BUGS. At the time of presenting this agreement, Landlord certifies that there is no current infestation on the property, and:
[ ] There is no known current infestation in the building.
[ ] There is a known current infestation in the building.This unit:
[ ] Has had a bed bug infestation within the past year.
[ ] Has not had a bed bug infestation within the past year.This building:
[ ] Has had a bed bug infestation within the past year.
[ ] Has not had a bed bug infestation within the past year.See attached addendum for more information.
Lead Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in New York to:
- Fill out and attach this lead based paint disclosure form to the lease agreement.
- Provide the tenant with an EPA-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by New York law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Landlord Name & Address – to create a line of communication for important notices & demands between tenant and landlord, it is recommended that New York landlords provide contact information within or alongside the lease for themselves or anyone authorized to act on behalf of the property.
- Medical Marijuana Use – it is recommended to state where medical marijuana use is and isn’t allowed on the property so that expectations are clear. New York law allows landlords to restrict marijuana usage to non-smoking methods only or control where users can smoke so as to not interfere with other tenants.
- Move-in Checklist – it is recommended to provide an itemized list of damages to the property before move-in to make sure tenants are responsible for any serious damages that occur during the lease term. This can be attached to the lease agreement or signed as a separate document.
- Late and Returned Check Fees – it is recommended that landlords disclose in the lease any late fees or returned (bounced) check fees that they intend to charge. New York does not limit how high these fees can be, but they should be considered reasonable (often no more than 10% of rent) and reflect the actual expenses incurred by the landlord as a result of a late payment. They must also be charged only after the agreed upon due date for rent, dictated in the lease. Returned check fees are limited to $20 per bad check .
- Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
- Asbestos Disclosure – for rental units in buildings built prior to 1981 (which are considered at-risk for asbestos), it is recommended to establish an understanding of any prior knowledge on the existence of asbestos on the property.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to tenant negligence during the lease term.
