New York Lease Agreement Create a New York Lease Agreement

New York Lease Agreement

Published Dec 16, 2025
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A New York Lease Agreement is a binding contract between a landlord and tenant that establishes the terms for renting residential property in the state.

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NEW YORK LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") is entered into on (the "Effective Date"), by and between:

LANDLORD:
Name:
(hereinafter referred to as the "Landlord"), with a mailing address of:

AND TENANT(S):
Name:

(hereinafter referred to as the "Tenant").

I. PREMISES

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the residential premises located at:

Address:
Unit/Apt #:
City:
State: New York
Zip Code:
(hereinafter referred to as the "Premises").

The Premises includes the following furnishings and appliances:

II. TERM

The term of this Agreement shall be for a fixed period (check one):

III. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

1. Due Date: Rent is due on the day of each month.

2. First Month's Rent: The Tenant shall pay the first month's rent in the amount of $ upon the execution of this Agreement.

3. Payment Method: Rent shall be paid by (check all that apply):

Payment shall be made to:

4. Late Fees: Pursuant to New York Real Property Law Section 238-a, if rent is not received within five (5) days of the due date, the Landlord may charge a late fee. The late fee shall not exceed fifty dollars ($50.00) or five percent (5%) of the monthly rent, whichever is less.

IV. SECURITY DEPOSIT

Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of $ (not to exceed one month's rent pursuant to NY General Obligations Law § 7-108) as security for the performance of the Tenant's obligations under this Agreement.

1. Location of Deposit: In accordance with NY General Obligations Law § 7-103, the Landlord shall hold the security deposit in a trust account at the following banking institution:
Bank Name:
Bank Address:

2. Return of Deposit: The Landlord shall return the security deposit, less any itemized deductions for unpaid rent or damages beyond normal wear and tear, to the Tenant within fourteen (14) days after the Tenant vacates the Premises.

3. Inspection: The Tenant has the right to request an inspection before vacating the Premises to identify potential deductions. The Landlord must notify the Tenant of this right.

V. UTILITIES AND SERVICES

The responsibility for utilities and services shall be allocated as follows:

Electricity:

Gas/Heat:

Water/Sewer:

Trash Removal:

Cable/Internet:

Snow Removal:

Lawn Care:

Other:

VI. USE OF PREMISES

The Premises shall be used exclusively as a private residence for the Tenant(s) listed in this Agreement and the following minor children/occupants:

The Premises shall not be used for any commercial or business purpose without the Landlord's prior written consent. The Tenant shall comply with all laws, ordinances, and regulations regarding the use of the Premises.

VII. MAINTENANCE AND REPAIR

1. Landlord's Obligations: The Landlord shall maintain the Premises in a habitable condition and comply with all state and local housing codes. This includes ensuring that the Premises is free from conditions dangerous to life, health, or safety, in accordance with the Warranty of Habitability (NY Real Property Law § 235-b).

2. Tenant's Obligations: The Tenant shall keep the Premises clean, sanitary, and in good condition. The Tenant shall promptly notify the Landlord of any necessary repairs or dangerous conditions. The Tenant is responsible for damages caused by the Tenant's negligence or misuse.

VIII. REQUIRED NEW YORK DISCLOSURES

1. Sprinkler System Disclosure (NY Real Property Law § 231-a):
The Landlord notifies the Tenant that the Premises:

2. Bed Bug Disclosure (NYC Admin. Code § 27–2018.1 / Recommended Statewide):
The Landlord certifies that within the past year, the Premises and the building:

3. Lead-Based Paint Disclosure:
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards.
The Premises was built:

IX. ACCESS AND ENTRY

The Landlord shall have the right to enter the Premises at reasonable times for the purpose of inspection, maintenance, repairs, or showing the property to prospective tenants or buyers. Except in cases of emergency, the Landlord shall provide the Tenant with reasonable notice (typically 24 hours) prior to entry.

X. ASSIGNMENT AND SUBLETTING

The Tenant shall not assign this Agreement or sublet any portion of the Premises without the prior written consent of the Landlord.
Note: In a dwelling having four or more residential units, the Tenant has the right to sublet subject to the Landlord's written consent, which shall not be unreasonably withheld, pursuant to NY Real Property Law § 226-b.

XI. DEFAULT

If the Tenant fails to pay rent when due, the Landlord may serve a written demand for rent requiring payment within fourteen (14) days. If the Tenant fails to comply, the Landlord may commence eviction proceedings. If the Tenant breaches any other term of this Agreement, the Landlord may provide a notice to cure the breach (typically 10 days). If the breach is not cured, the Landlord may terminate the Agreement in accordance with New York law.

XII. PETS

XIII. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

XIV. ATTORNEY'S FEES

Pursuant to NY Real Property Law § 234, if this lease provides that the Landlord may recover attorney's fees and expenses incurred as the result of the failure of the Tenant to perform any covenant or agreement contained in such lease, there shall be implied in such lease a covenant by the Landlord to pay to the Tenant the reasonable attorney's fees and/or expenses incurred by the Tenant as the result of the failure of the Landlord to perform any covenant or agreement on its part to be performed under the lease or in the successful defense of any action or summary proceeding commenced by the Landlord against the Tenant arising out of the lease.

XV. ADDITIONAL TERMS AND CONDITIONS

XVI. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, agreements, or representations. This Agreement may only be amended in writing signed by both parties.

XVII. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

LANDLORD
Signature: _________________________
Print Name: _______________
Date:
Address: _______________

TENANT
Signature: _________________________
Print Name: _______________
Date:
Address:

What is a New York Lease Agreement?

A New York Lease Agreement is a legally binding contract executed between a landlord and a tenant to outline the terms and conditions regarding the rental of a property within the state. This document establishes the specific rights and responsibilities of both parties, including the duration of the tenancy, rent payment schedules, security deposit requirements, and rules regarding property maintenance. Landlords utilize this agreement to protect their property interests and ensure consistent income, while tenants rely on it to secure their right to occupy the premises and understand their financial obligations. The agreement must comply with New York State laws, including specific regulations found in the Real Property Law and General Obligations Law.

Types of New York Lease Agreements

Rental contracts in New York vary depending on the property type and the duration of the tenancy. Common variations include:

  • Standard Residential Lease Agreement - Establishes a fixed-term tenancy, typically for one year, detailing rent, security deposits, and rules for residential occupancy.
  • Commercial Lease Agreement - Governs the rental of property for business purposes, often including complex terms regarding operating expenses, zoning, and build-outs.
  • Month-to-Month Rental Agreement - Creates a tenancy that renews automatically each month until terminated by either party with proper notice (NY Real Property Law § 232-b).
  • Sublease Agreement - Allows an existing tenant to rent all or part of their leased space to a third party, subject to the landlord's approval.
  • Roommate Agreement - Outlines the responsibilities and house rules between individuals sharing a single rental unit, distinct from the lease with the landlord.

State Statutes and Legal Requirements

New York maintains strict regulations protecting tenants and defining the landlord-tenant relationship. Key statutes include:

  • Security Deposit Limits - Restricts landlords from demanding security deposits exceeding the equivalent of one month's rent (NY Gen. Oblig. Law § 7-108).
  • Security Deposit Return Timeline - Mandates that landlords return the security deposit, less any itemized deductions, within 14 days of the tenant vacating the premises (NY Gen. Oblig. Law § 7-108(1-a)(e)).
  • Warranty of Habitability - Requires landlords to maintain the premises in a condition fit for human habitation and free from conditions dangerous to life, health, or safety (NY Real Prop. Law § 235-b).
  • Late Fee Restrictions - Caps late fees at the lesser of $50 or 5% of the monthly rent (NY Real Prop. Law § 238-a).
  • Notice of Rent Increase - Requires landlords to provide advanced written notice for rent increases greater than 5% or if they intend not to renew the lease (NY Real Prop. Law § 226-c).

Required Disclosures in New York

Landlords must provide specific information to tenants before or at the time of signing the lease. Failure to provide these disclosures may result in legal penalties or potential lease invalidation:

  • Lead-Based Paint Disclosure - Requires landlords of properties built before 1978 to inform tenants of any known lead paint hazards (42 U.S.C. § 4852d).
  • Bed Bug Disclosure - Mandates that landlords in New York City provide a notice indicating the bed bug infestation history of the premises for the past year (NYC Admin. Code § 27-2018.1).
  • Sprinkler System Disclosure - Obligates landlords to state whether the rental unit contains a maintained and operative sprinkler system (NY Real Prop. Law § 231-a).
  • Indoor Allergen Hazards - Requires NYC landlords to inspect for and disclose hazards such as mold and pests (NYC Admin. Code § 27-2017).
  • Security Deposit Receipt - Compels landlords to provide the name and address of the bank where the security deposit is held (NY Gen. Oblig. Law § 7-103).

Rent Stabilization and Control

New York, particularly New York City, operates under unique systems of rent regulation known as rent control and rent stabilization. These laws limit the amount a landlord can increase rent and provide tenants with the right to lease renewals. Rent stabilization generally applies to buildings built before 1974 with six or more units, although tax abatements can subject newer buildings to these rules. The Division of Housing and Community Renewal (DHCR) oversees these regulations. Leases for stabilized units must include a specific rider detailing the tenant's rights and the calculated legal rent.

Landlord Access and Entry Rights

New York laws balance a tenant's right to privacy with a landlord's need to maintain the property. While state statutes do not explicitly define notice periods for non-emergency entry, courts generally uphold the following standards:

  • Reasonable Notice - Courts typically interpret reasonable notice as 24 hours before entering for non-emergency repairs or inspections.
  • Emergency Access - Landlords may enter the property without prior notice in true emergencies, such as a fire or severe water leak.
  • Business Hours - Entry for standard maintenance or showing the unit to prospective tenants should generally occur during normal business hours.

How to Execute a New York Lease Agreement

  1. Step 1: Application and Screening - The landlord collects a rental application to verify the tenant's income, credit history, and background, ensuring compliance with Fair Housing laws.
  2. Step 2: Drafting the Agreement - The parties draft the lease, incorporating all required state disclosures, rent amounts, and specific property rules.
  3. Step 3: Walkthrough Inspection - Both parties inspect the property to document existing damages, often utilizing a move-in checklist to prevent security deposit disputes later.
  4. Step 4: Signing and Payment - The landlord and tenant sign the document, and the tenant pays the first month's rent and security deposit.
  5. Step 5: Lease Registration - For rent-stabilized units, the landlord must register the lease and rent amount with the NY State Division of Housing and Community Renewal.

Landlords in New York are limited to charging a security deposit equivalent to one month's rent. This limit applies to all residential units, regardless of the tenant's age or the length of the lease term.
Verbal lease agreements are generally valid in New York for tenancies of one year or less. Leases exceeding one year must be in writing to be enforceable under the Statute of Frauds.
The notice period depends on the tenant's tenure; landlords must give 30 days' notice for tenancies under one year, 60 days for tenancies between one and two years, and 90 days for tenancies of two years or more.
Landlords may charge a fee for background or credit checks, but New York law caps this fee at $20 or the actual cost of the check, whichever is less. If the tenant provides a copy of a background check conducted within the past 30 days, the landlord cannot charge this fee.
Landlords of buildings with six or more units must place security deposits in an interest-bearing account. The landlord may retain 1% per year for administrative expenses, but the remaining interest belongs to the tenant.
Tenants who break a lease may be liable for the remaining rent, but landlords have a duty to mitigate damages by making reasonable efforts to re-rent the unit. Once a new tenant is found, the original tenant's liability for future rent ends.

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