Luna Harper
In New York, a lease is a contract between a landlord and a tenant that contains the terms and conditions of the rental. Leases for apartments that are not rent-stabilized may be oral or written. However, a written agreement is preferable to avoid disputes. At a minimum, leases should identify the premises, specify the names and addresses of the parties, the amount and due dates of the rent, the duration of the rental, the conditions of occupancy, and the rights and obligations of both parties. In New York City, renewal leases must be offered between 90 and 150 days before the expiration of a lease.
| Characteristics | Values |
|---|---|
| Lease agreement | A contract between a landlord and a tenant that contains the terms and conditions of the rental |
| Lease duration | Leases can be oral or written for apartments that are not rent-stabilized. Oral leases for more than a year are not legally enforceable. |
| Lease contents | The lease should identify the premises, specify the names and addresses of the parties, the rent amount and due dates, the duration of the rental, the conditions of occupancy, and the rights and obligations of both parties. |
| Lease changes | Once signed, the lease cannot be changed unless both parties agree to the change in writing. |
| Rent-stabilized apartments | The rent stabilization law is enforced by the DHCR. Tenants have the right to request that their legal spouse be added to the upcoming renewal lease as an additional tenant if the spouse resides in the apartment as their primary residence. |
| Security deposits | The security deposit cannot exceed one month's rent and must be kept in an interest-bearing account in a New York State bank. |
| Rent increases | Landlords must fix any "hazardous" or "immediately hazardous" violations before collecting a rent increase due to an IAI. Tenants' written consent must be on a DHCR form. |
| Utilities | If a landlord of a multiple dwelling fails to pay a utility bill, tenants may pay the utility company directly and deduct these charges from future rent payments. |
| Month-to-month tenancy | If there is no lease or the lease has expired, a month-to-month tenancy is established, which can be terminated by either party with at least one month's notice. |
| Roommates | If only one tenant is named on the lease, they have the right to take in a roommate and their dependent children. |
| Pets | The right to have a pet in a rent-stabilized or rent-controlled apartment depends on the lease terms. Owners cannot charge fees for this right. |
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Lease agreements
In the state of New York, a lease is a contract between a landlord and a tenant that contains the terms and conditions of the rental. This contract is important as it defines how renters will enjoy their home and how owners will maintain their property. It is also important because it can affect the stability of a neighborhood.
Leases for apartments that are not rent-stabilized may be oral or written. However, to avoid disputes, it is recommended to have a written agreement. An oral lease for more than one year cannot be legally enforced. A lease becomes binding once it is signed by both parties, and it cannot be changed while it is in effect unless both parties agree to the changes in writing.
At a minimum, leases should include the following:
- Identification of the premises
- Names and addresses of the landlord and tenant
- Amount and due dates of rent
- Duration of the rental
- Conditions of occupancy
- Rights and obligations of both parties
Additionally, it is important to note that certain provisions are considered void by the court and will not be enforced against the tenant. These include statements that release the landlord from responsibility for injuries caused by their wrongdoing, allow the landlord to evict without going to court, require the tenant to give up their furniture as security for rent, or waive the tenant's rights under the Warranty of Habitability law.
In New York City, renewal leases must be offered between 90 and 150 days before the expiration of the current lease. Tenants have the option to request that the renewal date starts either on the date it would have begun had the offer been made on time or on the first rent payment date at least 90 days after the offer is made.
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Security deposits
In New York, a security deposit is an upfront payment made by a renter to a landlord to cover any potential damages or unpaid rent. Landlords can legally charge up to one month's rent for an unfurnished apartment and up to two months' rent for a furnished apartment as a security deposit. The security deposit must be kept by the owner in an interest-bearing account in a New York State bank. The owner must notify the tenant of the name and address of the bank and pay the tenant the full annual interest, less 1% of the security deposit per year for the owner's administrative costs.
If there are fewer than six rental units in the building, the landlord only needs to deposit the security deposit in a separate bank account. This account does not need to bear interest. The security deposit should not be used as the final month's rent. If the tenant honours the terms and conditions of the lease and leaves the apartment in the same condition as when they moved in, except for normal wear and tear, the owner must return the full security deposit. If there is damage, the landlord may apply part or all of the security deposit to the cost of repair. If the tenant disagrees with the landlord over the return of the security deposit or payment of interest, the tenant may begin a proceeding in Small Claims Court or contact the Consumer Frauds and Protection Bureau of the NYS Attorney General.
If there are no damages to the property and the tenant does not owe any rent, utilities, or storage fees, the landlord must return the security deposit within 14 days. If the landlord is keeping any portion of the deposit for damages, they must provide the tenant with an itemized list of deductions within 14 days. If there are fewer than six rental units in the building, the landlord can keep the deposit if the tenant damaged the unit beyond normal wear and tear. However, the landlord can only keep as much money as is needed to fix the damage. The landlord must provide the tenant with an itemized list of repairs, and the tenant should request a copy of the repair receipts.
If the landlord refuses to return the security deposit, the tenant can sue for the return of their full security deposit and up to twice the amount of the deposit in damages. The tenant should gather all relevant documentation, including the lease, letters requesting the deposit, and photos of the apartment's condition when moving out. The tenant should also send a formal letter requesting the return of the full deposit within seven days and stating that they will take legal action if it is not returned.
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Rent increases
In New York, there are two types of rent regulation: rent control and rent stabilization. The former sets a maximum rent that can be lowered if the landlord fails to maintain essential services such as heat. The state resets this figure every two years. The latter involves a board appointed by the mayor that determines the percentage increase in rents each year, taking into account the financial situation of renters and landlords.
The Housing Stability & Tenant Protection Act (HSTPA) of 2019 requires landlords to provide tenants with written notice if they plan to increase rent by at least 5% or decide not to renew a lease. This notice period can be 90, 60, or 30 days. Under the Emergency Tenant Protection Act (ETPA), each New York County with rent-stabilized housing has a Rent Guidelines Board that determines rent increase guidelines for the county.
Landlords can increase rents based on apartment improvements. Before doing so, however, they must fix any "hazardous" or "immediately hazardous" violations in the apartment. Landlords can only claim up to three IAIs (Individual Apartment Improvements) in a 15-year period, with total costs eligible for a rent increase calculation not exceeding $15,000. IAIs are temporary and must be removed from the rent calculation after 30 years. Landlords can also increase rents due to hardship or increased labor costs.
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Rent regulations
In New York, the contract between a tenant and a landlord is a lease, which is an important deal that defines how renters will use their home, how owners will maintain their property, and it can even impact the stability of a neighborhood. The two types of rent regulation in New York are rent control and rent stabilization.
Rent stabilization is a form of rent regulation that helps address the city's housing crisis by ensuring that some units remain affordable. Rent-stabilized apartments are typically located in buildings with six or more units that were constructed before 1974. Rent-stabilized tenants have the right to a renewal lease with the same terms as their original lease, and they can choose between a one or two-year lease. Tenants also have the right to retain preferential rent as long as they continue to rent the property. If a tenant's landlord does not provide them with a renewal lease, they can submit a complaint with the Office of Rent Administration.
Rent control is another form of rent regulation that limits the rent an owner can charge and restricts the owner's right to evict tenants. Before a landlord can collect a rent increase due to an Individual Apartment Improvement (IAI), they must first rectify any "hazardous" or "immediately hazardous" violations in the apartment. Landlords can only claim up to three IAIs in a 15-year period, and the total costs eligible for a rent increase cannot exceed $15,000. Additionally, if a landlord of a multiple dwelling fails to pay a utility bill, tenants can pay the current bill directly to the utility company and deduct these charges from their rent payments.
Leases for apartments that are not rent-stabilized may be oral or written, but it is recommended to have a written agreement to prevent disputes. At a minimum, leases should identify the premises, specify the names and addresses of both parties, the rent amount and due dates, the duration of the rental, the conditions of occupancy, and the rights and obligations of both parties.
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Tenants' rights
In New York, the contract between a tenant and a landlord is a common and important deal that can be based on a written lease or a handshake. This contract defines how renters will use their home and how owners will maintain their property. While a written agreement is not always necessary, it is recommended to avoid disputes.
Tenants in New York have several rights that are protected by law. Firstly, tenants have the right to a livable, safe, and sanitary home. Landlords cannot surprise tenants with rent increases and must first fix any "hazardous" or "immediately hazardous" violations in the apartment before collecting a rent increase due to an Individual Apartment Improvement (IAI). Landlords can only claim up to three IAIs in a 15-year period, and the total costs eligible for a rent increase calculation cannot exceed $15,000. Additionally, tenants have the right to make complaints about their living conditions to the landlord or a government agency without fear of retaliation.
Tenants also have rights regarding rent-regulated apartments, such as rent-controlled or rent-stabilized units. For example, family members of a rent-regulated tenant may have the right to take over their lease when the tenant leaves or passes away, which is called "succession". Public housing tenants have the right to not be charged more than 30% of their income in rent and can get their rent adjusted if their income changes.
Furthermore, tenants have the right to organize as a group to discuss conditions within the building, harassment, or any other issues that concern them. They can meet in the building's common areas as long as they do not create a fire hazard. Tenants are also protected from illegal evictions, and landlords must follow rules and timelines in the eviction process. Landlords cannot evict tenants without a court process and must provide proper notice.
In addition, tenants have rights regarding their lease agreements. Leases must use commonly understood language, be clear, and have a readable print size. Certain provisions are considered void by the court, such as stating that the landlord is not responsible for injuries caused by their wrongdoing or that tenants waive their rights under the Warranty of Habitability law.
Finally, tenants are protected from discrimination by landlords. It is illegal for landlords to discriminate based on age, immigration or citizenship status, color, disability, gender, gender identity, marital or partnership status, national origin, pregnancy or lactation accommodations, race, religion, height, weight, sexual orientation, military status, lawful source of income, the presence of children, or status as a victim of domestic violence, stalking, or sex offenses.
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Frequently asked questions
Yes, a contract between a tenant and landlord, whether based on a written lease or a handshake, is one of the most common and important deals made in New York State.
The contract, also known as a lease, should include the terms and conditions of the rental. This includes the names and addresses of the parties, the amount and due dates of the rent, the duration of the rental, the conditions of occupancy, and the rights and obligations of both parties.
A lease can only be changed while it is in effect if both parties agree to the change. The change must be made in writing and signed by both parties.
