New York Residential Lease Agreement

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A New York Standard One (1) Year Lease Agreement is a standard agreement, allowing a landlord to lease a property to a tenant for one (1) year. A Standard One Year Lease usually sets the standard for most other leases, and will usually have fairly standard language and provisions. The lease should still be carefully read, and both landlord and tenant should be aware of any local laws and statutes that are fairly common in New York.

Both landlord and tenant should also be extremely careful before signing. The lease must use common everyday language that is clear and coherent. The provision titles in the lease must be appropriately captioned large enough for the reader to easily identify and read, nullifying any possibility of sneaky text. General Obligations Law § 5-702; NY C.P.L.R. § 4544

Prohibited Provisions

A landlord is prohibited from the following:

  • Exempting themselves from the liability of injuries to their tenant’s if it’s caused by the landlords negligence.
  • Waiving the tenant’s right to claim a lawsuit against the landlord for injuries or property damage.
  • Making the tenant’s pledge their furniture as security for the rent.

General Obligations Law § 5-321; Real Property Law § 259-c and § 231

Disclosures

  • A landlord is required to disclose where the tenants’ security deposit is being kept to ensure it is not being mixed with the landlord’s personal finances. The landlord is not required to keep it in a bank, unless it is from a building with six (6) or more unregulated units.
  • Federal law requires that the landlord disclose any lead based paint hazards in the building or unit.
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