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New York Rental Lease Agreements | Laws

A New York lease agreement is used when a tenant and landlord wish to enter into an arrangement wherein the tenant will rent the landlord’s property. The format of the contract will vary depending on whether it is for residential or commercial purposes and if it is for an annual or at-will (month-to-month or week-to-week) tenancy. The landlord should include any stipulations they may have regarding prohibited activities, pets, special fees, and the payment of utilities to ensure that these terms are agreed to in writing.

Rental Application – This form can be filled out by potential tenants as a means of obtaining their rental, work, and credit history.

Contents

Agreements: By Type (6)

Commercial Lease Agreement – Allows an individual or business to rent property for retail, office, warehouse, or production use.

Download: PDF, Word (.docx), OpenDocument

 


Rent-to-Own Agreement (Lease Option) – This rental agreement allows the tenant to purchase the rental property in accordance with the contract’s terms.

Download: PDF

 


Month-to-Month Lease Agreement – A rental agreement that renews and is paid month-to-month.

Download: PDF

 


Roommate Agreement – Roommates can use this form to make an agreement regarding payments, duties, and rules in their shared residential space.

Download: PDF, Word (.docx), OpenDocument

 



Sublease Agreement – If a tenant rents a part (or all) of their rental space to another individual, they should use this contract.

Download: PDF, Word (.docx), OpenDocument

 


Disclosures (8)

  1. Allergen Hazards
  2. Bedbug Infestation
  3. Building Smoking Policy
  4. Lead-Based Paint
  5. Security Deposit Receipt
  6. Sprinkler System
  7. Stove Knob Covers
  8. Window Guard Disclosure

1) Allergen Hazards Disclosure (NYC Only) (NYC Admin. Code § 27-2017.2) – Landlords of properties with multiple dwellings must disclose the fact that they are required by law to inspect the premises annually for indoor allergen hazards.

Download: PDF

2) Bedbug Infestation Disclosure (NYC Only) (NYC Admin. Code § 27–2018.1) – Landlords must disclose the historical presence of bedbugs to tenants in rental properties located in New York City.

Download: PDF

3) Building Smoking Policy Disclosure (NYC Only) (NYC Admin. Code § 17-505) – If a residential building contains three (3) or more units, this disclosure must be used to identify the permitted smoking areas.

Download: PDF

4) Lead-Based Paint Disclosure – Discloses the existence of lead paint on the premises (required if the property was constructed before 1978).

Download: PDF

5) Security Deposit Receipt (GOB § 7-103) – If the landlord receives a security deposit, they must give the tenant a receipt that lists the bank name and location where the deposit is held.

Download: PDF

6) Sprinkler System Disclosure (RPP § 231-A) Residential leases must contain a disclosure stating whether there is an operative sprinkler system on the premises.

Download: PDF

7) Stove Knob Covers Disclosure (NYC Only) (NYC Admin. Code § 27-2046.4(a)) – Discloses the landlord’s obligation to install knob covers on gas-powered stoves in rental units that house a child under the age of six (6).

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8) Window Guard Disclosure (NYC Only) (NYC Admin. Code § 27–2043.1) – Landlords must inform tenants that they have the right to have window bars if they request them and that bars are required to be installed if there is a child ten (10) years old or younger living in the residence.

Download: PDF


Landlord-Tenant Laws


Landlord’s Access

General Access – No statute.

Emergency Access – No statute.


Rent

Grace Period (§ 238-A(2)) – Tenants have five (5) days (including the initial due date) to pay rent before the landlord can charge late fees.

Maximum Fees ($) (§ 238-A(2)) – Fifty dollars ($50) or five percent (5%) of the monthly rent, whichever is less.

Rent Increase Notice (§ 266-C) – If the landlord increases the rent by more than five percent (5%), they must provide the tenant with:

  • Thirty (30) days’ notice for tenancies less than one (1) year;
  • Sixty (60) days’ notice for tenancies between one (1) and two (2) years; or
  • Ninety (90) days’ notice for tenancies two (2) years or longer.

Security Deposits

Maximum Amount ($) (§ 7-108.1-a(a)§ 576/74(f)) – The maximum amount that a landlord may demand for a security deposit is one (1) month’s rent.

Returning to Tenant (§ 7-108(e)) – Deposits must be returned to tenants within fourteen (14) days from the date that the tenant vacated the property.

Interest Required? (§ 7-103(2-a)) – Yes, if the rental property has at least six (6) residential units, security deposits must be placed in an interest-bearing account.

Separate Bank Account? (§ 7-103(1)) – Yes, the landlord must keep deposits separate from their personal bank accounts.