New York Apartments
Lease Estate New York

Tenant Screening | Join RentLaw.com

 
New York

State Laws

Normal Wear Tear
EVICTIONS
Security Deposit
Breaking a Lease

Tenant Screening
Landlord Tenant Forms
Landlord Tenant Statutes
Mold Guide
Section 8
Housing Vouchers

RENTERS INSURANCE
HUD - Housing & Urban Development
Rent Collection
LATE RENT FEES
Credit Reports
Small Claims Courts
Sublet
Rent Control
Landlord Books
Lead Paint Guide
Military Lease Clause
Foreclosures
Bankruptcy
Credit Center

Free Legal Forms
Apartment Ratings
Moving Guides 
Apartment Search
Rent or Buy
Home Inspection
Tax Deductions
Lawyer Search
Home Loans - Bad Credit
Commercial Real Estate
Property Management

Commercial Introduction

Commercial Real Estate Terms

1031 Exchange

Limited Liability Co
Real Estate Trusts
Real Estate School
Contact Rentlaw.com
RentLaw on Linkedin
 

WHAT IS A LEASE - New York?

A New York lease is a contract between a landlord and tenant which contains the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree. Leases for apartments which are not rent stabilized may be oral or written. However, to avoid disputes the parties may wish to enter into a written agreement. An oral lease for more than one year cannot be legally enforced. (General Obligations Law § 5-701)

At a minimum, leases should specify the names and addresses of the parties, the amount and due dates of the rent, the duration of the rental, the conditions of occupancy, and the rights and obligations of both parties. Except where the law provides otherwise, a landlord may rent on such terms and conditions as are agreed to by the parties.

Unless the lease states otherwise, the apartment must be made available to the tenant at the beginning of the tenancy. If the apartment is not available when agreed, the tenant has the right to cancel the lease and obtain a full refund of any deposit. (Real Property Law § 223-a)

Lease provisions which exempt landlords from liability for injuries to persons or property caused by the landlord's negligence -- or that of his employees -- are null and void. Further, a lease provision that waives the tenant's right to a jury trial in any lawsuit brought by either of the parties against the other for personal injury or property damage is also null and void. (General Obligations Law § 5-321; Real Property Law § 259-c)

If the court finds a lease or any lease clause to have been unconscionable at the time it was made, the court may refuse to enforce the lease or the clause in question. (Real Property Law § 235-c) A lease provision which requires a tenant to pledge his/her household furniture as security for rent is void. (Real Property Law § 231)

Tenants protected by rent stabilization have the right to either a one or two year lease when they move into an apartment except under certain circumstances such as, for example, when the apartment is not used as the tenant's primary residence. Rent stabilized tenants must also be given a rent stabilization lease rider, prepared by the New York State Division of Housing and Community Renewal ("DHCR"), which summarizes their rights under the law and provides specific information on how the vacancy rent was calculated. For certain luxury apartments, a landlord may seek DHCR approval to deregulate the rent to be charged.

New York City rent stabilized tenants are entitled to receive from their landlords a fully executed copy of their signed lease within 30 days of the landlord's receipt of the lease signed by the tenant. The lease's beginning and ending dates must be stated. (Rent Stabilization Code ("RSC") §2522.5)

New York

Renters Insurance
Apartment Condo Home
Details
 


 

RENTLAW.com

TENANT SCREEENING

GET YOUR TENANT CREDIT REPORTS
 

FREE SETUP
No Inspection

Criminal & Credit Report, Sex Offender and more

Tenant Screening RentLaw.com