Residential Lease Agreement (New York)
Attached: Notice to Tenant of Applicability or Inapplicability of the New York State Good Cause Eviction Law, completed by the Landlord (Real Property Law § 231-c).
This Residential Lease Agreement (“Lease”) is made on [Date] for residential premises in the State of New York between the Landlord and the Tenant(s) named below. [This form is for units that are not rent stabilized or rent controlled. Regulated units must use the lease forms and riders required by New York State Homes and Community Renewal.]
1. Parties
Landlord: [Full Legal Name], [Address for notices and rent]
Managing agent, if any: [Name, Address, Phone]
Tenant(s): [Tenant 1 Full Legal Name], [Tenant 2 Full Legal Name], [Additional Tenants]
Phone: [Phone] E-mail: [E-mail]
Each Tenant is jointly and severally liable for all obligations under this Lease.
2. Premises
Address: [Street Address, Apartment, City, New York, ZIP] County: [County]
Type: ☐ Apartment ☐ Single-family home ☐ Two-family house unit ☐ Condominium or cooperative unit ☐ Other: [Description]
Parking or storage: [Description, or “None”] Appliances included: [List]
3. Term and Renewal
☐ Fixed term. Begins [MM/DD/YYYY] and ends on [MM/DD/YYYY].
☐ Month to month. Begins [MM/DD/YYYY].
If the Landlord does not intend to renew, or will offer renewal with a rent increase of 5% or more, the Landlord will give written notice at least 30 days before the end of the tenancy if the Tenant has occupied the unit less than one year, 60 days if one to two years, and 90 days if two years or more, based on the longer of actual occupancy or the lease term (Real Property Law § 226-c). The notice will include the Good Cause notice.
4. Rent and Receipts
Monthly rent: $[Amount], due on or before the [1st] day of each month.
Accepted payment methods: [Check, money order, portal, bank transfer].
For rent paid in cash or by any instrument other than the Tenant’s personal check, the Landlord will give a written receipt showing the date, amount, premises and period paid, and the signature and title of the person receiving it; for personal checks, on the Tenant’s written request (§ 235-e). If rent is not received within five days after the due date, the Landlord will send the Tenant a written notice of non-receipt by certified mail (§ 235-e(d)).
5. Late Fee and Other Charges
If rent is not paid within five days after the due date, the Tenant will pay a late fee of $[Amount], not more than $50 or 5% of the monthly rent, whichever is less (§ 238-a(2)). Returned check fee: $[Amount], limited to the Landlord’s actual costs or the amount allowed by General Obligations Law § 5-328(3), whichever is greater (§ 238-a(2-a)). The Landlord has charged no application or move-in fee other than a background and credit check fee of no more than the actual cost or $20, whichever is less.
6. Security Deposit (General Obligations Law §§ 7-103, 7-108)
Security deposit: $[Amount], not more than one month’s rent. Any advance payment is also limited to one month’s rent.
The deposit is held in trust and not mixed with the Landlord’s own money. It is deposited at: [Name and Address of Bank with a New York Place of Business]. ☐ The building has six or more units: the deposit is in an interest-bearing account; the Landlord may keep 1% a year for administration, and the rest of the interest belongs to the Tenant and is ☐ paid annually ☐ credited at the end of the tenancy.
Move-in inspection. Before the Tenant moves in, the Landlord offers the Tenant the chance to inspect the Premises together. If the Tenant asks, both parties will sign a written record of the condition and any existing defects, and the Landlord will not deduct for anything noted in it.
Move-out inspection. After either party gives notice of ending the tenancy, the Landlord will tell the Tenant in writing that the Tenant may request an inspection, held one to two weeks before the end of the tenancy on at least 48 hours’ written notice, followed by an itemized statement of proposed deductions that the Tenant may cure.
The Landlord may keep only the reasonable, itemized cost of unpaid rent, damage caused by the Tenant beyond normal wear and tear, unpaid utility charges payable to the Landlord under this Lease, and moving and storage of the Tenant’s belongings. Within 14 days after the Tenant vacates, the Landlord will give the Tenant an itemized statement of any amount kept and return the balance; otherwise the Landlord forfeits the right to keep any part of the deposit.
7. Flood Disclosure (Real Property Law § 231-b)
The Premises are ☐ wholly ☐ partially ☐ not located in a FEMA-designated floodplain.
The Premises are ☐ wholly ☐ partially ☐ not located in the Special Flood Hazard Area (“100-year floodplain”) on FEMA’s current Flood Insurance Rate Maps.
The Premises are ☐ wholly ☐ partially ☐ not located in a Moderate Risk Flood Hazard Area (“500-year floodplain”) on FEMA’s current Flood Insurance Rate Maps.
Prior flood damage from a natural flood event that the Landlord knows or reasonably should know of: ☐ None ☐ Yes: [Dates and nature of damage].
“Flood insurance is available to renters through the Federal Emergency Management Agency’s (FEMA’s) National Flood Insurance Program (NFIP) to cover your personal property and contents in the event of a flood. A standard renter’s insurance policy does not typically cover flood damage. You are encouraged to examine your policy to determine whether you are covered.”
8. Sprinkler System Notice (Real Property Law § 231-a)
The Premises ☐ HAVE ☐ DO NOT HAVE a maintained and operative sprinkler system. If they have one, the last date of maintenance and inspection was: [MM/DD/YYYY].
9. Occupants
The Premises will be used as a residence by the Tenant(s) and the Tenant’s immediate family. As provided in Real Property Law § 235-f, a single Tenant may also share the Premises with one additional occupant and that occupant’s dependent children. Where two or more Tenants sign, they may share the Premises with occupants so long as the total number of tenants and occupants, not counting immediate family and occupants’ dependent children, does not exceed the number of Tenants on this Lease. In each case a Tenant or a Tenant’s spouse must live in the Premises as a primary residence. The Tenant will tell the Landlord the name of any occupant within 30 days after the occupant moves in or after the Landlord asks. The Tenant may not sublet or assign this Lease except as the law allows.
10. Utilities
Paid by the Landlord: ☐ Heat ☐ Hot water ☐ Water and sewer ☐ Gas ☐ Electricity ☐ Other: [Description]
Paid by the Tenant: all other utilities.
11. Condition and Repairs (Real Property Law § 235-b)
The Landlord warrants that the Premises and all common areas are fit for human habitation and for their reasonably intended uses, and that the occupants will not be subjected to conditions dangerous, hazardous or detrimental to their life, health or safety, except for conditions caused by the misconduct of the Tenant or persons under the Tenant’s direction or control. This warranty cannot be waived.
The Tenant will keep the Premises clean and sanitary, use fixtures and appliances properly, promptly report needed repairs in writing, and pay for damage caused by the Tenant, occupants or guests beyond normal wear and tear.
12. Landlord’s Entry
Except in an emergency, the Landlord will give the Tenant at least [24] hours’ notice before entering and enter only at reasonable times to inspect, make repairs or show the Premises.
13. Pets, Smoking and Rules
Pets: ☐ No pets. ☐ Pets allowed as stated in the Pet Addendum. Assistance animals are not pets.
Smoking and vaping: ☐ Prohibited everywhere on the Premises. ☐ Allowed only in: [Area].
Rules, if any, are attached.
14. Renter’s Insurance
The Landlord’s insurance does not cover the Tenant’s personal property. ☐ Renter’s insurance with at least $[Amount] liability coverage is required. ☐ It is recommended.
15. Lead-Based Paint (Housing Built Before 1978)
☐ The Premises were built in 1978 or later.
☐ The Premises were built before 1978. The Landlord has given the Tenant the EPA pamphlet Protect Your Family From Lead in Your Home and the attached Lead-Based Paint Disclosure, signed by both parties.
16. Default and Termination
If rent is unpaid, the Landlord may serve a written demand giving the Tenant at least 14 days to pay the rent or give up possession, with the Good Cause notice appended, before starting a court proceeding (RPAPL § 711(2)). The Tenant may be removed only through a court proceeding.
If the Tenant moves out before the end of the term, the Landlord will in good faith take reasonable and customary steps to re-rent the Premises at fair market value or the rent in this Lease, whichever is lower, and a new tenant’s lease will end the Tenant’s obligations from its start (§ 227-e).
A Tenant who is a victim of domestic violence and reasonably fears remaining in the Premises may terminate this Lease by written notice giving a termination date at least 30 days after delivery, as provided in Real Property Law § 227-c.
The Landlord will not retaliate against the Tenant for a good-faith complaint about a health, safety or habitability violation, for acting to enforce rights under this Lease or the law, or for taking part in a tenants’ organization (§ 223-b).
Attorney fees. If the Landlord may recover attorney fees under this Lease, the Tenant has the same right when the Landlord fails to perform or the Tenant successfully defends a proceeding, and the Landlord may not recover attorney fees on a default judgment (§ 234).
17. General Terms
Governing law: New York. Any provision of this Lease that waives the warranty of habitability, the security deposit rules or the fee limits of Real Property Law § 238-a is void. If any provision is unenforceable, the rest of this Lease remains in effect.
This Lease, the attached notices and its addenda are the entire agreement. Changes must be in writing and signed by both parties.
18. Addenda
☐ Good Cause Eviction Law Notice ☐ Lead-Based Paint Disclosure ☐ New York City riders, if the Premises are in New York City ☐ Move-In Condition Record ☐ Pet Addendum ☐ Rules ☐ Other: [Description]
Signatures
Landlord or Agent: _________________________ Date: __________
Printed Name and Title: _____________________________
Tenant: _________________________ Date: __________
Printed Name: _____________________________
Tenant: _________________________ Date: __________
Printed Name: _____________________________