THE BASIC LEASE
A lease is a contract between a landlord and a tenant that contains the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree. Leases for apartments that are not rent stabilized may be oral or written. To avoid disputes, the parties may wish to enter into a written agreement. A party must sign the lease to be bound by its terms.
An oral lease for more than one year cannot be legally enforced.
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.
Except where the law provides otherwise, a landlord may rent on such terms and conditions as are agreed to by the parties. Any changes to the lease should be initialed by both parties.
New York City rent stabilized tenants are entitled to receive a fully executed copy of their signed lease from their landlords within 30 days of the landlord’s receipt of the lease signed by the tenant. Rent stabilized tenants must also be given a rent stabilization lease rider, prepared by DHCR, which summarizes their rights under the law and provides specific information on how the rent was calculated
If the lease contains a provision that the tenant must pay for legal fees of the landlord should the tenant default on provisions of the lease, then the tenant automatically has a right to recover attorney fees and costs should the landlord breach the lease.
Leases must use words with common and everyday meanings and must be clear and coherent. Sections of leases must be appropriately captioned and the print must be large enough to be read easily.
The following lease provisions are not allowed:
Exempting landlords from liability for injuries to persons or property caused by the landlord’s negligence, or that of the landlord’s employees or agents;
Waiving the tenant’s right to a jury trial in any lawsuit brought by either of the parties against the other for personal injury or property damage;
Requiring tenants to pledge their household furniture as security for rent;
Exempting landlords from mitigating the damages of a tenant vacating the premises before the lease expires;
Waiving the Warranty of Habitability; and
Restricting a tenant from living with their immediate family members and/or one additional occupant and the occupant’s dependent children.
If a court finds a lease or any lease clause to have been unconscionable at the time it was made, the court may refuse to enforce the lease or the clause in question.
The lease’s beginning and ending dates must be stated.
*Courtesy N.Y. Office of Attorney General.
