Free New York Residential Lease Agreement
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What is a Residential Lease Agreement
A Residential Lease Agreemeny (sometimes also known as a rental lease agreement) is a real estate rental contract between a landlord and a tenant. This creates a legally binding accord between the two parties that conforms to the laws of the state that the property is located in (in this case New York).
The agreement contains details on the following:
How long the tenant may legally reside in the property
How much rent should be paid
Information about the security deposits necessary
When rental installments are due
Any additional costs that must be serviced by the tenant
The rules regarding the proper use of the property
Situations that constitute a lease violation eviction procedures
Types of NY Estate Lease Agreements
There are many types of NY lease agreement forms that landlords can choose to rent a property in the state. These allow for owners to flexibly create an arrangement that best suits the type of property they are leasing and the type of tenant they are partnering with.
The most common types of lease agreements in New York include:
Residential lease agreement: A fixed-term lease that can last several months or years depending on the agreement between both parties.
Room rental agreement: This allows people with homes of multiple occupancy with shared living areas to create an agreement for the rental of a single bedroom.
Sublease Agreement: With this agreement, tenants can rent the property they are renting to a third party.
Room Rental Agreement: This allows people with homes of multiple occupancy with shared living areas to create an agreement for the rental of a single bedroom.
How to Write a New York Lease Agreement
Drafting a legally binding New York Lease Agreement requires including all key information and terms.
Follow these steps to create a well-written agreement that complies with New York legislation:
Name the parties involved: The lease agreement must include the names of both the landlord and tenant(s).
Include the property’s address and clarify its use: The agreement must clearly state the address of the property and how it will be used.
List the lease terms: The start and end dates of the lease should be listed, along with any provisions for extending or renewing the lease.
Specify fees and payment: This section should include the rent price, payment method, and due date, as well as any fees for late rent payments.
Add deposit information: The security deposit amount and the timeframe for returning it to the tenant should be specified in this section.
Name the occupants: If there are any non-paying residents living on the property, they must be named in the lease agreement.
Clarify who pays for utilities: This section should define which utilities are the responsibility of the tenant(s) and which are the responsibility of the landlord.
Enumerate the furnishings on the property: If the property is furnished, a list of furnishings should be added to the agreement.
Indicate the governing law: The lease agreement should state that it will be governed by New York state law.
Include a signature section: Both the landlord and tenant(s) must sign the agreement, including the date of signature and printed name.
Using a New York Lease Agreement template can simplify the process of drafting an agreement and reduce the likelihood of errors.
New York Estate Rental Laws
A New York lease agreement must conform to the laws of New York state, otherwise, it will be legally contestable and can be declared invalid. To avoid breaking the rules on rentals properties in-state landlords and tenants must check the terms they include carefully to ensure they adhere to standards such as the following:
Landlord’s right to enter: Landlords renting to tenants in New York must provide at least one weeks’ notice of any repairs that will be made to the property and at least 24 hours’ notice before entering for inspections (NY Admin Code § 27-2008). The request to enter should be made in writing and a reason given for the visit.
Security deposit: New York landlords may charge no more than one months’ deposit if the property is a non-rent control unit (N.Y. GOB § 7-108-1a(a)). This must be returned to the tenant within 14 days of vacating the property and returning the keys (N.Y. GOB § 7-108-1a(e)). Landlords must also give advance notice of any deductions.
NSF Check: According to the General Obligations law of the state of New York (N.Y. GOB § 5-328), landlords may charge tenants a fee of up to $20 if a check received as payment is returned due to insufficient funds or any other reason.
Limitation on fees: In New York, landlords can charge fees to cover background and credit checks on potential tenants, but the total fee cannot exceed the actual cost of the checks or $20, whichever is less (N.Y. RPL§ 238-A (2)). Additionally, landlords must provide tenants with copies of checks and the receipts from the entity conducting them.
Late rent fees: Landlords in New York (N.Y. RPL § 238-A (2))can only charge late payment fees if the rent has not been paid within five days of the due date. The fee cannot exceed fifty dollars or five percent of the monthly rent, whichever is less.
NY Estate Required Disclosures
New York state requires landlords to disclosure a few important addendums. These are necessary to conform to rental laws and provide important information on a number of safety considerations.
Essential New York Residential Lease Agreement Disclosures
The disclosures below are often included in New York Residential Lease Agreements:
Operative fire sprinkler system notice: The lease agreement must contain a notice on whether or not the property being rented has a working sprinkler system. If there is one present its maintenance and repair history must be provided as an addendum (N.Y. RPL § 231-A).
Lead-based paint disclosure: Under federal law, all lease agreements for all buildings built before 1978 must include a disclosure statement on the risks of lead-based paint. This must report any known hazards found on the property. Landlords must also provide the tenant with the appropriate EPA literature on lead-based paint.
Security deposit: When tenants deposit or advance money, the landlord must keep it separate from their own funds and hold it in trust. If the landlord credits the money to a bank account, they must inform of the bank's name and address (NY GOB § 7-103).
Mandatory New York Residential Lease Agreement Disclosures
The following disclosures are of mandatory compliance for landlords in New York:
Bed bugs: This disclosure must explain the bedbug history of the property being rented and of the building that it is located in (NYC Admin Code § 27–2018.1).
Allergen hazards: Landlords must make sure that there are no pests or other allergen hazards inside and prevent any conditions that could cause such hazards. If any such conditions arise, the owner must fix them quickly, along with any underlying issues that may exist (NYC Admin Code § 27–2017.1).
Window guards: If a child ten years old or younger lives in a dwelling unit in a multiple dwelling, the owner of the building or unit in a condominium must provide, install and maintain a window guard on each window of the unit. This includeswindows in public areas (NYC Admin Code § 27–2043.1).
Stove knob covers: Landlords must give tenants with gas stoves the choice of using permanent stove safety knobs with built-in locks or stove knob covers for each knob located on the front of the stove if there is a child under six living in the dwelling unit (NYC Admin Code § 27–2046.4).
Smoking policy: Landlords must adopt a smoking policy. This must include where smoking is allowed or not allowed, both inside and outside the building, including in common areas, individual apartments, and outdoor areas like courtyards and balconies (NYC Admin Code § 17-506.1).
Anti-scald valves: Baths and showers that have balanced-pressure mixing valves, thermostatic mixing valves, or a combination of pressure balancing/thermostatic valves shall produce water that is less than 120 degrees Fahrenheit, but not lower than 110 degrees (NYC Admin Code § 27-2031).
Other Recommended NY Disclosures
New York law does not mandate the following lease agreement disclosures and addendums. However, landlords may find it beneficial to include them in order to minimize potential disputes with tenants or limit legal responsibilities.
|Disclosure||Benefits of the Disclosure||Law|
|Asbestos||This disclosure notifies tenants of the presence of asbestos on the property and take precautions.||The New York Asbestos Disclosure Act|
|Landlord’s Name & Address||This provision establishes a means of communication for crucial notices and requests between tenant and landlord. The landlord or any authorized representative should add their contact details to the lease.||New York General Obligations Section 5-703(2)|
|Bounced Check/Late Fees||Landlords should disclose in the agreement if they will impose a late fee or a returned check fee. In New York, returned check fees are limited to $20 per check, and late fees are capped at $50 or 5% of the rent amount, whichever is greater.||New York Real Property Law Section 238-a|
|Use of Medical Marijuana||Notify tenants whether the use of medical marijuana is allowed on the property. In some states, landlords may limit marijuana consumption to non-smoking methods or designate smoking areas to avoid disrupting other tenants.||New York City: Local
New York State: New York Marijuana Regulation and Taxation Act (“MRTA”)
|Mold Disclosure||By informing the tenant of the existing mold status of a property, landlords can protect themselves from potential liability for mold damages.||New York City Local Law 55|
|Contents Checklist||A contents checklist, also called a move-in checklist, helps ensure that the tenant is responsible for any damages that may occur during their tenancy.||Not required by law, but it is highly recommended.|
|Non-Refundable Charges||It is necessary to include a non-refundable charge in the lease agreement. If it is not included, the tenant may be entitled to a refund when the lease is terminated.||There are no laws prohibiting non-refundable fees. However, non-refundable fees should be included in the agreement to bind the tenant to the non refundability of fees.|
|Shared Utilities||If utilities are shared between tenants in a rental property, the landlord must specify this information in the lease agreement, along with the formula used to determine each tenant's share of the cost.||New York Shared Meter Law, N.Y. Pub. Serv. Law § 52(1)(b)|
|Smoking||Let tenants know about designated smoking areas to ensure that they don't disrupt other tenants.||The New York State Clean Indoor Air Act
and NYC, N.Y., Ord.1585A-2017
New York Residential Lease Agreement Sample
Before starting your own New York Residential Lease Agreement it is important to clearly understand the layout and language of the document. Use our lease agreement sample below to familiarize yourself with the necessities of this important legal contract.
NY Residential Lease Agreement FAQs
There are many considerations that need to be clear before creating a Residential Lease Agreement from scratch. Read through the answers to our FAQs below to understand the specifics of renting and leasing properties in New York better.
How to Get a New York Lease Agreement Form?
It is possible to create your New York Lease Agreement fully online. Using our legal document maker tools, you can easily construct your own tailored lease with the help of step-by-step guidance and professional templates.
Alternatively, this form can be created with the help of an attorney or law office. This option however comes at a higher cost from hiring a legal profession.
How to End a Lease Agreement in NY?
In most cases, Lease Agreements in NY end naturally when they reach their expiry date. If for any reason either party needs to end the contract early, they must submit a termination lease letter, explaining when and why the break is to occur.
NY lease agreements often carry high financial penalties if they are broken or ended early. However, there are a number of situations that allow a tenant to end their agreement before its expiry without any extra costs, these include:
Entering active military service.
Tenants over 62 years old entering residential healthcare facilities.
The landlord refuses to make substantial repairs.
The tenant has been a victim of domestic abuse or stalking.
The landlord has violated the privacy of the property or is harassing the tenant.
Do I Need to Notarize my NY Residential Lease Agreement?
It is not necessary to notarize a NY Residential Lease Agreement. However, whilst this might not be a legal requirement in New York state, signees are still advised to consider this step to provide further legal enforceability.
You are only a few steps away from your own New York Lease Agreement!