About this Form
This lease agreement complies with the laws of the state of New York and the city of New York, including the recently enacted Housing Stability and Tenant Protection Act of 2019. As of the date of our last review, nearly all the New York leases available on other websites that we reviewed are not compliant with the state's new law.
This lease is appropriate for use when leasing a house, duplex, apartment, or condominium located anywhere in the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, Bronx, and Staten Island). However, this lease may not be used if the dwelling is subject to rent control or rent stabilization laws. The purchased version of this form includes additional notices required within New York City.
After the lease signing, under state law, the landlord must offer the tenant the opportunity to inspect the premises, accompanied by the landlord or the landlord's agent, to determine the condition of the property. If the tenant wishes to inspect, the parties must execute a written agreement before the tenant begins occupancy attesting to the condition of the property and noting any existing defects or damages. This requirement is set forth in N.Y. G.O.B. Law § 7-108(1)(c). The landlord can comply with this requirement by using PublicLegal's Rental Property Inventory and Condition form.
(1) The security deposit may not exceed an amount equivalent to one (1) months' rent for an unfurnished or furnished property. N.Y. G.O.B. Law § 7-108(1)(a).
(2) The state imposes no obligation on the landlord to pay interest to the tenant on the security deposit unless the rental unit is located in a building with six or more units. In that case, the security deposit must be deposited in an interest-bearing account at a banking organization located within the state that pays at the prevailing rate for the area. N.Y. G.O.B. Law § 7-103(2)(a).
(3) Within fourteen (14) days after Tenant has vacated the premises, the landlord must provide the tenant with: (a) an itemized statement indicating the basis for the amount of the deposit retained, if any, and (b) any remaining portion of the deposit. The landlord forfeits the right to retain any portion of the deposit by failing to comply with the timing of these requirements, as stated in N.Y. G.O.B. Law § 7-108(1)(e).
The landlord may not assess a late fee unless the payment of rent has not been made within five (5) days of the date it was due. The late fee may not exceed fifty dollars or five percent of the monthly rent, whichever is less. N.Y. R.P.P. Law § 7-238-A(2). If the landlord fails to receive payment for rent within five (5) days of the due date, the landlord must send the tenant, by certified mail, a written notice stating the failure to receive the payment.
NEW YORK RESIDENTIAL LEASE AGREEMENT
(LEASE FOR TERM OR MONTH-TO-MONTH)
THIS LEASE AGREEMENT ("Agreement" or "Lease") is made and entered into this ________ day of _________________________ , 20 _____ , by and between _____________________________________________ ("Landlord") and _____________________________________________ ("Tenant").
WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in _______________ County, New York, such real property having a street address of ______________________________________________________________ ("Premises").
WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and
WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein;
NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
____ A. Lease for Term: This Agreement shall continue as a lease for term. The termination date shall be on (date) ___________________ at 11:59 PM. Upon termination date, Tenant shall be required to vacate the Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed agreement; (ii) local rent control law mandates extension of the tenancy; or (iii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. In the event that Landlord accepts from Tenant new rent, a month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures specified in paragraph 1B. Rent shall continue at the rate specified in this Agreement, or as allowed by law. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.
Acceptable forms of payment of Rent to Landlord shall be [check all that apply]: ____ personal check, ____ money order, ____ cashier's check, or ____ other: ________________________________________ . Payment shall be made to Landlord under the following name and address: __________________________ ______________________________________________________________ . If Tenant remits a Rent payment in the form of cash or any form other than personal check, Landlord shall provide the Tenant with a written receipt specifying the date, amount, the identity of the Premises and period for which paid, and the signature and title of the person receiving the Rent.
[Initial after only one of the following two provisions:]
A. If the Premises is a house, duplex, or an apartment in a building with five or fewer units, then the following provision shall apply: Such security deposit shall be returned to Tenant, without interest, and less any set off for damages to the Premises after Tenant has vacated the Premises in accordance with paragraph 3C. In the event that Landlord shall at any time apply any of such security deposit to cover unpaid rent, the late fee, or to repair damage caused to the Premises, then, upon the request of Landlord to Tenant specifying the amount so applied, Tenant shall immediately deposit with Landlord, as an additional security deposit, the amount so applied, so that the security deposit held by Landlord shall at all times during the term hereof be equal to the aforementioned amount specified in this section. Tenant Initials: ______ ______ ______ ______ Landlord Initials: ______ ______
B. If the Premises is an apartment in a building with six or more units, then the following provision shall apply: As required under N.Y. G.O.B. Law § 7-103, Landlord shall hold such security deposit in an interest bearing bank account located in New York state as security for any damage caused to the Premises or for any unpaid rent or late fees during the term hereof. Landlord hereby notifies Tenant that the name of the bank in which the security deposit funds shall be deposited is: _________________________________________________________ . In the event that Landlord shall at any time apply any of such security deposit to cover unpaid rent, the late fee, or to repair damage caused to the Premises, then, upon the request of Landlord to Tenant specifying the amount so applied, Tenant shall immediately deposit with Landlord, as an additional security deposit, the amount so applied, so that the security deposit held by Landlord shall at all times during the term hereof be equal to the aforementioned amount specified in this section. At the end of the term of the Agreement, Landlord shall pay Tenant the interest earned on such amount, less the one percent (1%) administrative fee referred to in N.Y. G.O.B. Law § 7-103. Tenant Initials: ______ ______ ______ ______ Landlord Initials: ______ ______
A. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
B. Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
C. Not obstruct or cover the windows or doors;
D. Not leave windows or doors in an open position during any inclement weather;
E. Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;
F. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
G. Keep all air conditioning filters clean and free from dirt;
H. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;
I. And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
J. Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;
K. Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;
____ A. Tenant shall not be entitled to keep any domestic dogs, cats, birds, or other animals.
A. Termination for Failure to Pay Rent. Landlord must provide written notice of default to the Tenant for the failure to pay rent. The Tenant shall have a limited number of days to cure such default. For the failure to pay rent or additional rent when due, Tenant shall have fourteen (14) days to cure. If the Tenant does not cure the default within the required time frame, Landlord may terminate this Agreement by providing the Tenant with written notice of termination in accordance with paragraph 24(C).
B. Termination for Matter Other than Failure to Pay Rent. For the issuance of a court order by which the Premises may be taken by another party, for Tenant’s failure to perform any term in another lease between the Landlord and Tenant (e.g., a vehicle parking lease), for Tenant’s failure to comply with any of the material provisions of this Agreement or of any present rules and regulations, for Tenant’s failure to comply with any rules and regulations that may be hereafter prescribed by Landlord, or Tenant’s the failure to comply with any duties imposed on Tenant by statute, Landlord may terminate this Agreement by providing the Tenant with written notice of termination in accordance with paragraph 24(C).
If to Landlord to:
______________________________________________
[Landlord's Name]
______________________________________________
[Landlord's Address]
______________________________________________
[Landlord's City, State, Zip]
______________________________________________
[Landlord's E-Mail Address]
If to Tenant to:
______________________________________________
[Tenant's Name]
______________________________________________
[Tenant's Address]
______________________________________________
[Tenant's City, State, Zip]
______________________________________________
[Tenant's E-Mail Address]
A courtesy copy of the notice may also be sent by e-mail but is not required. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party.
____ A. The Premises DOES NOT contain a maintained and operative sprinkler system.
____ B. The Premises DOES contain a maintained and operative sprinkler system. The last date on which the Sprinkler System was maintained and inspected was on _________________ .
As to Landlord:
Sign: ___________________________________ Print: _________________________________
As to Tenant:
Sign: ___________________________________ Print: __________________________________
Sign: ___________________________________ Print: __________________________________
Sign: ___________________________________ Print: __________________________________
Sign: ___________________________________ Print: __________________________________
"Are these forms valid in my state?" At ILRG, we are committed to delivering top quality legal forms that are valid in all states. We will pay $50 to anyone who brings to our attention any form on our site that is not compliant with U.S. state law. See the terms and conditions for this offer for further information. ILRG guarantees your complete satisfaction with your purchase. If you are not 100 percent satisfied after purchasing from us, contact us for a full refund.
No Ads, No Affiliates, No Subscription Plans, No Hidden Fees, No Sharing Your Data. PublicLegal is a socially motivated website that provides information about the law while respecting your rights and privacy. View our privacy policy.
