Friedman and Ranzenhofer, PC Law Blog, Landlord Tenant

Checklist For Drafting A NY Residential Lease

Checklist For Drafting A Ny Residential LeaseBoth the landlord and tenant must be sane and at least 18 years of age to make a binding lease.

A lease must be in writing and signed by the landlord and tenant only if it covers a term of more than one year. A lease for up to one year may be oral to be legally binding, but it should be in writing so that the landlord’s and tenant’s rights and obligations are specifically spelled out. If the landlord and tenant go to court over a dispute, a written lease is much easier to prove than an oral lease.

According to the state “Plain English Law”, all residential leases must be divided into captioned sections and written in common and everyday words. The landlord who violates this law is liable for actual damages plus fifty dollars.

A written lease is necessary in order for the landlord to: enter the apartment in most instances; collect attorney’s fees; ban pets; prohibit the assigning or subletting of the lease; prohibit alterations or decorations by the tenant; and charge late fees. Leases help avoid court disputes and misunderstandings, provide the landlord with greater rights, and facilitate better landlord-tenant relations, including:

Be sure that the lease complies with all of  the requirements of the NY Housing Stability & Tenant Protection Act of 2019 and housing discrimination laws and regulations. Beware of the so-called “standard lease” and outdated leases on the internet. The residential lease should be tailored to meet your particular needs and concerns, including:

  1. The time period or term of the lease may be stated as either a fixed duration (e.g., six months or one year), or month-to-month.
  2. The landlord must give the tenant possession of the apartment on the first day of the lease or the tenant can cancel the lease and recover his deposit, unless otherwise agreed. The tenant will not be able to cancel the lease if it contains a provision such as: “Landlord will not be liable for failure to give tenant possession of the apartment on the beginning date of the term”.
  3. State who is responsible for repairs. Landlords have a duty to keep all multiple dwellings of three or more apartments in good repair. Additionally, landlords must provide “habitable” living quarters.
  4. The landlord’s remedies if the tenant defaults.
  5. The place and due date of rent payments.
  6. Late Charges cannot be more than 5% of the rent or $50 maximum. and 3% after 10 days for manufactured home parks
  7. Bad Check Charges
  8. Assignment and subletting prohibited.
  9. Limits on the number of occupants.
  10. Renter’s Insurance
  11. Use of the premises is restricted to residential and not business or professional purposes.
  12. Security deposits, cleaning deposits, and advance rent. Landlords who own property containing six or more family units must keep security deposits in a bank account at the prevailing interest rate.
  13. Restrictions on subletting or assignment.
  14. Limitations on the making of additions, improvements, remodeling, alterations, and installation of fixtures..
  15. Right of entry by the landlord at reasonable hours for inspection, repair and showing the apartment to prospective buyers, tenants, or lenders.
  16. What utilities such as water, electric and gas are paid for by the landlord and tenant.
  17. Fire Damage. The tenant may cancel the lease and vacate the apartment if it has been substantially damaged by fire or other catastrophe unless the lease states otherwise.
  18. Rules and Regulations. To prevent tenants from annoying the landlord and other tenants, it should be clearly spelled-out in the lease or rules and regulations that the following are prohibited: smoking, excessive noise, personal belongings (e.g., bikes, skateboards, strollers) left in the hallways and on the grounds, water beds, exterior TV antennas, pets, swing sets, swimming pools, repairing vehicles, allowing oil to leak from vehicles onto the driveways, rugs dusted or shaken from windows and the use of areas that are off-limits (e.g., basement). The lease should state that violations of the above will result in termination of the lease and eviction.
  19. Bed Bug/Disclosure of Infestation History
  20. Crime-Free/Drug-Free Housing Rider
  21. Flood History
  22. Lead-Based Paint Hazards Disclosure
  23. Move-in/Move-out Checklist
  24. Pet Rider
  25. Service Animal/Emotional Support Animal (ESA) Rider
  26. Smoking Policy
  27. Sprinkler Disclosure
  28. Tenants’ Rights to Reasonable Accommodations
  29. New York State Good Cause Eviction Law Notice | Lawyers
  30. Be sure that all adult tenants sign the lease and initial all changes. If the tenant does not have an adequate credit or employment history, you should require that a financially responsible relative or friend of the tenant sign the lease as a guarantor.

For questions about drafting leases call or text experienced NY landlord attorneys Robert Friedman and Justin Friedman at 716-543-3764.For the lease rider forms, see the Twelve Lease Riders That Protect Landlords – Webinar.

Checklist For Drafting A Ny Residential Lease

Both the landlord and tenant must be sane and at least 18 years of age to make a binding lease.

A lease must be in writing and signed by the landlord and tenant only if it covers a term of more than one year. A lease for up to one year may be oral to be legally binding, but it should be in writing so that the landlord’s and tenant’s rights and obligations are specifically spelled out. If the landlord and tenant go to court over a dispute, a written lease is much easier to prove than an oral lease.

According to the state “Plain English Law”, all residential leases must be divided into captioned sections and written in common and everyday words. The landlord who violates this law is liable for actual damages plus fifty dollars.

A written lease is necessary in order for the landlord to: enter the apartment in most instances; collect attorney’s fees; ban pets; prohibit the assigning or subletting of the lease; prohibit alterations or decorations by the tenant; and charge late fees. Leases help avoid court disputes and misunderstandings, provide the landlord with greater rights, and facilitate better landlord-tenant relations, including:

Be sure that the lease complies with all of  the requirements of the NY Housing Stability & Tenant Protection Act of 2019 and housing discrimination laws and regulations . Beware of the so-called “standard lease” and outdated leases on the internet. The residential lease should be tailored to meet your particular needs and concerns, including:

  1. The time period or term of the lease may be stated as either a fixed duration (e.g., six months or one year), or month-to-month.
  2. The landlord must give the tenant possession of the apartment on the first day of the lease or the tenant can cancel the lease and recover his deposit, unless otherwise agreed. The tenant will not be able to cancel the lease if it contains a provision such as: “Landlord will not be liable for failure to give tenant possession of the apartment on the beginning date of the term”.
  3. State who is responsible for repairs. Landlords have a duty to keep all multiple dwellings of three or more apartments in good repair. Additionally, landlords must provide “habitable” living quarters.
  4. The landlord’s remedies if the tenant defaults.
  5. The place and due date of rent payments.
  6. Late Charges cannot be more than 5% of the rent or $50 maximum. and 3% after 10 days for manufactured home parks
  7. Bad Check Charges
  8. Assignment and subletting prohibited.
  9. Limits on the number of occupants.
  10. Renter’s Insurance
  11. Use of the premises is restricted to residential and not business or professional purposes.
  12. Security deposits, cleaning deposits, and advance rent. Landlords who own property containing six or more family units must keep security deposits in a bank account at the prevailing interest rate.
  13. Restrictions on subletting or assignment.
  14. Limitations on the making of additions, improvements, remodeling, alterations, and installation of fixtures..
  15. Right of entry by the landlord at reasonable hours for inspection, repair and showing the apartment to prospective buyers, tenants, or lenders.
  16. What utilities such as water, electric and gas are paid for by the landlord and tenant.
  17. Fire Damage. The tenant may cancel the lease and vacate the apartment if it has been substantially damaged by fire or other catastrophe unless the lease states otherwise.
  18. Rules and Regulations. To prevent tenants from annoying the landlord and other tenants, it should be clearly spelled-out in the lease or rules and regulations that the following are prohibited: smoking, excessive noise, personal belongings (e.g., bikes, skateboards, strollers) left in the hallways and on the grounds, water beds, exterior TV antennas, pets, swing sets, swimming pools, repairing vehicles, allowing oil to leak from vehicles onto the driveways, rugs dusted or shaken from windows and the use of areas that are off-limits (e.g., basement). The lease should state that violations of the above will result in termination of the lease and eviction.
  19. Bed Bug/Disclosure of Infestation History
  20. Crime-Free/Drug-Free Housing Rider
  21. Flood History
  22. Lead-Based Paint Hazards Disclosure
  23. Move-in/Move-out Checklist
  24. Pet Rider
  25. Service Animal/Emotional Support Animal (ESA) Rider
  26. Smoking Policy
  27. Sprinkler Disclosure
  28. Tenants’ Rights to Reasonable Accommodations
  29. New York State Good Cause Eviction Law Notice | Lawyers
  30. Be sure that all adult tenants sign the lease and initial all changes. If the tenant does not have an adequate credit or employment history, you should require that a financially responsible relative or friend of the tenant sign the lease as a guarantor.

For questions about drafting leases call or text experienced NY landlord attorneys Robert Friedman and Justin Friedman at 716-543-3764.For the lease rider forms, see the Twelve Lease Riders That Protect Landlords – Webinar.

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