Free New York Rental Lease Agreement


New York Rental Lease Agreement

If you are planning to get a rental unit or rent out residential units in New York, you should stop speculating, about the Dos and the Don’ts. In this article, we look at the elements and laws governing the New York rental lease agreements. This information ensures that you know what you are getting into, even before you sign any rental lease agreement in New York.

  • The Official Rules and Regulations

    • Landlord and Tenant – N.Y. Real Prop. Law – Article 7 §§ 220 to 238

    • Summary Proceeding to Recover Possession of Real Property – N.Y Real Property Law – Article 7 §§ 701 to 767

    • Waste and Other Actions and Rights of Action for Injury to Real Property – N.Y Real Property Law – Article 8 §§ 801 to 881

    • Money Deposited as Security to be Held in Trust in Certain Cases – N.Y. General Obligation Law §§ 7-103 to 7-109

    • The New York Tenants’ Rights Guide

  • Security Deposit

    • No statute governs the security deposit maximum under the New York lease agreement. However, if a rental property consists of at least 6 family dwelling, the landlord should deposit the deposit in an interest-bearing bank account, and collect the interest on behalf of the tenants.

    • Setting up of a separate security deposit bank account. This is the ideal, and according to the rental laws, a landlord cannot, and shouldn’t commingle their personal funds with the security deposit.

    • No statute states if the landlord should charge pet deposits or other additional fees.

    • The deadline for returning the security deposit is any reasonable amount of time.

    • The reasons for withholding the security deposit include damages to the property, beyond the normal wear and tear, and reimbursement for any unpaid rent.

    • The rental lease agreement in New York and the rental laws don’t stipulate if it is necessary to prepare a written description or an itemized list of charges and damages.

    • No New York statute covers record keeping of deposit withholdings.

    • What happens in case of transfer of property ownership? Here, the deposit should be transferred within 5 days of the property transfer. And, the landlord must notify their tenants using registered or certified mail, with the name and address of the new property owners.

    • Receipt of deposit: in the rental lease agreement laws in New York, the landlord shall provide the tenants with the name, as well as the addresses of the banking organization to deposit the security deposit and the amount of the deposit.

  • Rent, Lease, and Fees

    • The state of New York doesn’t have statutes for the due date for the rent or rent increase notices. This applies to late fees, rent grace period or prepaid rent.

    • Is automatic lease renewal an option? Yes. And, the landlord has to give the tenants notice of the existence of a lease auto-renewal clause between 15 – 30 days before the tenant has to notify the landlord of their intention of not renewing the lease.

    • Any application fees: the landlord may charge a reasonable amount in application fees.

    • Returned check fees apply if specified in the lease. However, it shouldn’t be more than $20.

    • The tenant can repair and deduct rent under some circumstances

    • The landlord can recover court and attorney fees.

    • While there is no statute on whether the landlord is required to make reasonable attempts to mitigate damages to the lessee, as well as any attempts to re-rent, the previous Civil Court cases have ruled that the landlord has a responsibility to mitigate damages.

    • Upon receipt of rent, the landlord needs to provide a written receipt for rent that gets paid in the form of cash or any other financial instrument, other than the tenant’s personal check. The latter doesn’t apply is the receipt check is requested.

    • For electronic rent payments, the landlord shall not require a tenant or a lessee to use electronic billing or payment system as the only way of paying rent.

Prohibited and void lease provisions

  • The laws prohibit the following lease provisions

    • The exemption of landlords from liabilities for injuries to property and persons caused by negligence on the part of the landlord, as well as the landlord’s agent and employees.

    • A provision that requires the tenants to pledge their household furniture as security for rent.

    • Waiving of the tenant’s right to a jury trial in a (any) lawsuit brought by either party against the other for property damage and personal injury.

  • Notices and Entry

    • No notice is necessary to terminate a tenancy in fixed-end date leases it outside of NYC.

    • 1-month notices are necessary for the termination of tenancy in monthly leases out of or in NYC.

    • No statutes give notices on the date and time of moveout inspections.

    • For termination of leases for nonpayment or lease violation, tenants get 10 days to remedy or quit.

    • Regarding notices before entry, the state of New York has no statures but a 24-hour notice is recommended. This applies to entry notices for non-emergency repairs and maintenance and entry allowed for showings.

    • No statutes or recommendations guide entry and notices for emergency entries, entry during a tenant’s extended absence, or pesticide use.

    • Lockouts and utility shutoffs aren’t allowed.

Disclosures and Miscellaneous Notes

The rental lease agreement in the state of New York has the copy of the lease, domestic violence situations, as well as retaliation.

Court-Related Matters

The New York Small Claims Court sets the Limits at $5,000 except for Village courts and Town courts which have a limit of $3,000.

The courts do not allow eviction cases, but the cases are tackled at the Civil or the Housing Court.

You can get legal help from New York State Court, Judicial districts, state bar association, or the attorney general’s.

Business Licenses

While no state-wide licenses are needed, the local cities and counties could have different requirements and regulations.

With the details out of the way, wouldn’t you want to get a rental lease agreement form online today? Fill the above form here.