New York Lease Agreement Templates

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What’s Included in New York Lease Forms

Updated January 3, 2024

A residential lease agreement in New York is a vital legal document that clearly defines rental terms, payment details, property rules, and the responsibilities of both landlords and tenants. It protects the landlord's interests while ensuring compliance with New York laws.

Our form includes:

Parties Identification

Lease Term

Rent Payment Terms

Security Deposit

Maintenance Responsibilities

State-Specific Disclosures

State-Specific Notices

Disclosures and Addenda for New York

These disclosures and addenda ensure compliance with state laws and protect both landlords and tenants.

Disclosure

Landlord's Name and Address <p>Landlords must provide tenants with their name and address, as well as the contact information of any agents authorized to manage the property or receive legal notices. This information ensures tenants can effectively communicate regarding tenancy matters.</p>
Lead Paint - Know Presence <p>Applies to units built before 1978 where the presence of lead paint has been confirmed.</p>
Lead Paint - No Know Presence <p>Applies to units where no evidence of lead paint is present or units built after 1978.</p>
Condition of the Premises <p>Landlords are obligated to maintain rental units in a habitable condition, ensuring compliance with health and safety standards. This includes providing essential services such as heat, water, and electricity, and addressing any necessary repairs promptly.</p>
Late/Returned Fees <p>A rent payment can only be considered late if it is received more than five days after it is due. The most a landlord can charge as a late fee is $50 or 5% of the monthly rent, whichever is less. Before signing a lease, the most a landlord can charge for a credit and background check is $20. The landlord must provide a copy of the background or credit check, as well as an invoice from the company that performed it; otherwise, they cannot charge for it. Tenants can provide their own background and credit check to avoid this fee.</p>
Mold Disclosure <p>New York law does not require landlords to disclose the presence of mold. Nonetheless, maintaining the property to prevent mold growth falls under the landlord's duty to provide habitable premises.</p>
Non-Refundable Fees <p>Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them</p>
Smoking <p>Landlords are encouraged to specify smoking policies within the lease, indicating whether smoking is permitted and any restrictions or designated areas.</p>
Security Deposit Disclosure <p>Landlords can only charge up to one month's rent for a security deposit or "advance payment." This applies to all residential rentals, with a few exceptions, whether there is a lease or not. This means that if a tenant is moving into an apartment where the rent is $1,500 a month, the most the landlord can charge for a security deposit is $1,500. This also means that the landlord may not charge in advance for the last month's rent if they are also charging a security deposit.&nbsp;</p>
Flood Hazard Disclosure <p>New York law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.</p>
Radon Disclosure <p>New York does not require radon disclosures.<br>However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.</p>
Bed Bugs Disclosure <p>Outline rules regarding pet types, sizes, behavior, and any associated fees or deposits.</p>

Addenda

Landlord’s Name and Address

Applicable to all New York rentals.

New York Real Property Law, Article 7 (Landlord and Tenant Law) requires landlords to disclose their full name and address, along with managing agent information. New York City further mandates disclosure of a bedbug infestation history** for the past 12 months.
Landlord Requirements:
Include owner and property manager contact details in the lease.
Disclose bedbug history (NYC requirement).

Lead-Based Paint Disclosure

Applicable to New York rentals built before 1978.

In addition to federal requirements under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X), New York has specific regulations, particularly in New York City.Local Law 1 of 2004 mandates that landlords identify and remediate lead paint hazards in apartments where young children reside, ensuring enhanced protection against lead exposure.
Landlord Requirements:
Attach a completed lead-based paint disclosure form to the lease agreement.
Provide tenants with the EPA-approved pamphlet on lead-based paint dangers.
Share any available records or reports concerning lead-based paint or related hazards in the unit.
In New York City, comply with Local Law 1 of 2004 by conducting necessary lead hazard inspections and remediation, especially in units occupied by children under six years old.

Condition of the Premises

Guidelines for Maintaining Rental Property Standards

The lease must document the property’s condition to protect both parties, as per New York Real Property Law § 235-b. This ensures clarity on pre-existing issues and responsibilities during and after the lease.
Landlord Requirements:

Conduct a move-in inspection with tenants.

Provide a written record of the property’s condition.

Ensure the rental unit meets New York’s habitability and housing standards.

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