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)
