Free New York Rental Lease Agreement


Sample New York Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, New York, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of New York, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of New York.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of New York (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of New York, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, New York, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date:___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, New York, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

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.

Sample

NY Rental Lease Agreement

Personalize your Rental Lease Agreement template.

Print or download in minutes.