New York Rental Lease Agreements
The New York Rental Lease Agreements are documents that commit a landlord and a tenant to a legally-binding relationship comprised of specific obligations and rights. There are certain conditions that are set by pre-existing landlord-tenant laws, such as guidelines about returning security deposits and certain disclosures the landlord must abide by.
However, compared to other states, New York has relatively fewer mandatory conditions to follow. Both parties should, therefore, make any gray areas regarding their obligations to one another explicit in a written rental agreement.
Types of Agreements
Commercial Lease Agreement – A landlord with a commercial property to lease must use this contract to formalize the arrangement with a business who wishes to use it.
Lease to Own Agreement – While this document represents the landlord’s agreement to allow the tenant to purchase the property, until that option is executed, the title to the house remains with the landlord.
Month-to-Month Lease Agreement – If a tenant or landlord do not want to fix themselves to the obligations of a long-term rental contract, this is a flexible alternative to consider.
Roommate Agreement – This agreement comprises of both legally-binding and non-legally binding terms regarding how roommates in a shared rental dwelling should conduct and behave themselves.
Standard Residential Lease Agreement – A lease comprised of New York landlord-tenant laws as well as the provisions created by a given landlord and tenant.
Sublease Agreement – Under this agreement, a subtenant typically pays their rent for the leased property directly to the sublandlord, who subsequently pays rent to the landlord.
What is a New York Lease Agreement?
A New York Lease Agreement is a contract wherein landlord and tenant duties are listed for both parties to agree to. In an effort to minimize the chances of an unhealthy landlord-tenant relationship developing, landlords should take precautionary measures by asking interested lease applicants to fill in a rental application.
When is Rent Due?
There is no statute specifying when rent is due, however, the Tenant’s Rights Guide, Pg. 4 does state that the due date of the rent should be specified in the lease. There is no grace period provided by the state.
Emergency: There is no state statute regarding landlord access to the rental property in emergency situations. However, federal law gives landlords the right to enter in any circumstance considered to be an emergency.
Non-Emergency: New York state law also does not stipulate about landlord access to the rental property in non-emergency situations. However, the general rule of thumb is for landlords to provide the tenant with warning of their intent to enter at least twenty-four (24) hours before they do.
- Bed Bug Disclosure (Local Law 69 of 2017): Landlords in New York City are required to file an annual electronic statement with the Department of Housing Preservation & Development regarding the bedbug history of the dwelling.
- Copy of the Signed Lease (Tenant’s Rights Guide, Pg. 4): Landlords must provide tenants with a fully executed copy of the signed lease within thirty (30) days of the landlord’s receipt of the lease signed by the tenant.
- Name and Address (Tenant’s Rights Guide, Pg. 4): The name and address of the landlord must be identified in the lease.
- Lead Paint Disclosure: If a landlord is leasing a property that was built before 1978, they must inform tenants of any known lead-based hazards in the property. Further to this, they are obligated to provide tenants with a government-issued pamphlet about lead hazards in the home.
- Security Deposit Receipt (§ 7-103): Landlords who deposit a tenant’s security deposit in a bank must notify the tenant in writing the name and address of the banking organization as well as the amount of the deposit.
- Window Guards (Tenant’s Rights Guide, Pg. 22): Landlords in New York City are required to install window guards in any apartment where a child under the age of ten (10) resides. They must also provide tenants with a form that states whether there are children residing in a household and if window guards are therefore needed.
Security Deposit Laws
Maximum: New York does not impose a limit on the maximum amount a landlord can demand for a security deposit.
Returning to Tenant (Tenant’s Rights Guide, Pg. 9): The landlord is required to return the security deposit to the tenant “at the end of the lease or within reasonable time thereafter.”