Leases

A lease is a contract between a Landlord and a tenant or tenants that contains the terms and conditions of the rental agreement between them. The terms and conditions in a lease are the rules that the landlord and tenant or tenants agree to follow.

A lease cannot be changed while it is in effect unless both parties agree to the change. Leases for apartments which are "unregulated" may be oral or written, meaning they can be reached by the parties by oral promise, or the parties can agree to the terms of the lease in writing. To avoid disputes regarding the terms and conditions of the lease agreement, the parties may wish to enter into a written agreement. A party must sign the lease in order to be bound by its terms. While oral leases are permitted in unregulated apartments, an oral agreement to rent an apartment for more than one year is unenforceable.

At a minimum, lease agreements should identify:

• the apartment or home to be rented;
• specify the names and addresses of the parties to the agreement;
• the amount and due dates of the rent;
• the duration of the rental agreement;
• 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. Many landlords will use pre-printed lease forms when reaching a lease agreement with a tenant. If the landlord and tenant agree to make changes to that pre-printed lease, and write in those changes on the lease form, the parties should both write in their initials next to the written change, otherwise that new term will be unenforceable against the party who does not place his or her initials next to the change.

In New York City, rent stabilized tenants are entitled to receive from their landlords a final, signed copy of their lease within 30 days of the landlord's receipt of the lease signed by the tenant. The beginning and ending dates of the lease must be stated on the lease. Rent stabilized tenants must also be given a rent stabilization lease rider, prepared by HCR, which summarizes their rights under the law and provides specific information on how the rent was calculated.

Leases must use words with common and everyday meanings. Sections of leases must be appropriately titled and the print must be large enough to be read easily. General Obligations Law § 5-702; NY C.P.L.R. § 4544.

The following lease provisions are not enforceable:

• 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. (General Obligations Law § 5-321; Real Property Law § 259-c and § 231).

If a lease states that the landlord may recover attorney's fees and costs incurred if a lawsuit arises, a tenant automatically has a right to recover those fees as well. Real Property Law § 234.

If the court finds a lease or any lease clause to have been extremely unjust or overwhelmingly one sided in favor of the landlord at the time it was made, the court may refuse to enforce the lease or the clause in question. Real Property Law § 235-c.

A tenant in an unregulated apartment may only renew the lease with the approval of the landlord and may be subject to eviction at the end of the lease term. However, a lease may contain an automatic renewal clause, which would mean the lease's term could be renewed automatically. In such case, the landlord must give the tenant advance notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. General Obligations Law § 5-905.

If a tenant in an unregulated apartment has a lease that does not specify a particular term of a year or more, and pays rent on a monthly basis, he or she is called "month-to-month" tenant. Tenants with a specified lease term who stay past the end of a lease are typically treated as month-to-month tenants if the tenant pays monthly rent and the landlord accepts the rent payment.

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice that a party wishes to end the lease. The termination notice is not required to specify why the landlord seeks to end the tenancy, only that the landlord elects to terminate the agreement. The landlord should also inform the tenant if he or she refuses to leave the apartment will lead to the landlord seeking to evict the tenant by starting an eviction proceeding against him or her. (See "Evictions.")

The following is a summary of the basic rights of residential tenants throughout New York State provided by statute (laws enacted by the state legislature). These rights are summarized in simplified language, accompanied by a citation and hyperlink to the statute. For an authoritative and complete understanding of these laws, consult the actual text of the statute and judicial decisions that have interpreted the law. Updated versions of New York State statutes and the New York City Administrative Code are also available online at the New York State Legislature website.

Right to an Apartment that is Suitable for Human Habitation

In every lease the landlord promises that the apartment and common areas are maintained, and will be continue to be maintained, in a condition that is suitable for a tenant to live, free from conditions endangering or detrimental to life, health, or safety of occupants. tenant cannot waive or modify this right. Real Property Law § 235-b. See Part III: Right to Repairs.

Right to Repairs and Clean Premises

The landlord is required to keep every part of an apartment and the lot it is on in good repair. A property in good repair is clean and free from vermin, rodents, dirt, filth, garbage or other dangers to life or health. The tenant can also be liable to the landlord for the cost of a repair if the tenant or the tenant's guests caused the condition that required repair. Multiple Residence Law § 174; Multiple Dwelling Law §§ 78, 80.

Right to Hot Water

Landlords are required to provide hot water to the tenant 24 hours a day, all year round. There is a limited exception to this requirement. If a landlord can prove that a particular building was constructed before April 18, 1929, and hot water was not originally installed or required at time of the construction of the building, he or she is not required to provide hot water to the tenants of such a building. This is a very narrow exception, however. In the overwhelming majority of apartments in New York State, the landlord is required to provide hot water to tenants. Multiple Dwelling Law § 75.

Right to Heat or Heating Equipment/Facilities

In apartments where the landlord supplies the heat or heating equipment, such equipment must be able to maintain indoor temperature of 68°F when the outdoor temperature is below 55°F between the hours of 6 a.m. and 10 p.m., and indoor temperature of at least 55°F between the hours of 10 p.m. and 6 a.m. when the outdoor is below 40°F, all during the months from the beginning of October through the end of May each year. Multiple Dwelling Law § 79; Multiple Residence Law § 173.

Right to Smoke Detector

All apartment buildings, whenever constructed, shall have in each apartment a functioning smoke detector that meets fire code requirements and that the tenant can check periodically for operation. Once a tenant occupies an apartment, the care and maintenance of the smoke detector becomes the tenant's responsibility, including replacement, except where the detector becomes inoperable within one year after installation due to no fault of the tenant. Multiple Dwelling Law § 68; Multiple Residence Law § 15.

Right to Be Protected against a Retaliatory Eviction

Landlords of apartments (unless owner-occupied with less than four units) cannot evict a tenant or substantially change the terms of a tenancy because of a tenant's good faith complaint to governmental authorities regarding the landlord's violations of a law pertaining to tenant health or safety, the tenant's actions to secure or enforce rights under a lease, or other state or federal laws regulating residential premises.

A landlord is also not allowed to commence eviction proceedings in retaliation for a tenant complaining to a government entity about the conditions in the apartment or for some illegal treatment by the tenant of the landlord. If a landlord is engaged in what is known as a "retaliatory eviction" a tenant can raise this as a defense in an eviction proceeding (except for an eviction based on nonpayment of rent). If a court finds the landlord acted in retaliation for protected tenant activities and further finds that landlord would not otherwise have sought the eviction, the landlord may be prevented from evicting the tenant. If a landlord sues a tenant within six months of a tenant's filing a complaint to a government agency about the landlord's treatment of the tenant, the court will presume that the landlord is retaliating against the tenant for filing that complaint and the landlord must provide that he or she has a non - retaliatory motive for seeking to evict the tenant. Real Property Law § 223-b.

Right to Form, Join, or Participate in a Tenant's Group

A landlord cannot interfere with the right of a tenant to form, join, or participate in any group formed to protect the rights of tenants, nor harass or punish a tenant or withhold any right from the tenant for exercising this right. A tenant's group has the right to meet on the premises in areas devoted to common use. Real Property Law § 230.

Right to Gain Possession at Beginning of Tenancy

Unless the lease states otherwise, the landlord promises that the apartment will be ready for the tenant to move in on the date the lease begins. If the landlord does not make the apartment available at the beginning of the lease term, the tenant has the option to cancel the lease and recover any money paid to the landlord. Real Property Law § 223-a.

Right to Quiet Enjoyment

The landlord cannot intentionally interfere a tenant's "quiet enjoyment" of the apartment. This means that the landlord cannot harass or interfere with the tenant's ability to live peacefully in his or her apartment. A landlord who violates this right can be brought up on criminal charges. Real Property Law § 235.

Right of Illegally Locked-out Tenant to Bring a Court Action to Regain Possession of the Apartment.

If a landlord wants to remove a tenant from an apartment for violation of a lease or for nonpayment of rent, he or she must take the tenant to court to get an eviction order from a judge. A landlord cannot physically remove a tenant or change the locks on the apartment without a court order. If a landlord does remove a tenant or change the locks without a court order, the tenant who has been kept out of the apartment can bring an action in court to get back into the apartment. Real Property Actions and Proceedings Law §§ 713 (10), 721 (4).

Possible Right to Triple Damages for Landlord's Lockout

If a landlord removes a tenant by force or changes the locks on the tenant, and does so without a court order, the tenant may be able to recover triple damages from the landlord when he or she takes the landlord to court for the illegal eviction. Real Property Actions and Proceedings Law § 853.

Right to Pay a Utility Company and Deduct Payment from the Rent

In an apartment where the landlord is required to provide utilities but is not paying the bills for such services, a tenant can pay the utility company directly and deduct such payments from future rent payments. The landlord can be liable to the tenants of his or her building if that landlord is responsible to pay utilities and fails to do so, and this failure causes the utility company to discontinue such service to the tenants. Real Property Law § 235-a; Public Service Law § 116.

Right to Stop Nonpayment Proceeding upon a Landlord's Failure to Provide Utilities

Where a landlord is responsible for providing utilities to a tenant and those utilities are discontinued because the landlord failed to pay the charges for those utilities, the tenant is entitled to have a judge postpone a eviction proceeding brought against the tenant for the tenant's failure to pay rent until the landlord pays the amount owing for utilities and until such utility services are restored. Real Property Actions and Proceedings Law § 756.

Right to Contract and Pay for Heating Oil Delivery and Deduct Any Payments from Rent

In a lease where landlord provides heating oil and there is lack of heat due to the landlord's failure to have oil supplied, the tenant may contract and pay for oil delivery and deduct such payments from the rent he or she pays. The tenant's remedy under this section is not exclusive and the tenant may also pursue other remedies or claims for the landlord's failure to provide heat, like bring the landlord to court to get a court order directing the landlord to restore these services. Multiple Dwelling Law § 302-c (in NYC); Multiple Residence Law § 305-c (outside NYC).

Sometimes a landlord will try to include terms in a lease that are particularly advantageous to him or her, at the expense of the tenant. The law protects tenants against some of these provisions. The following describes some of these instances where a landlord may attempt to impose certain obligations on a tenant, or relieve him or herself of certain obligations, and the law's response to the landlord attempting to do so.

Right to Hold a Landlord Liable for Negligence

A landlord cannot exempt him- or herself, or his or her employees, from liability for injuries to a tenant or the tenant's property when such injuries are caused by or resulting from negligence in the operation or maintenance of the premises. Any agreement to do so is void and unenforceable. General Obligations Law § 5-321.

Right to Jury Trial of Personal Injury or Property Damage Claims

A lease provision waiving a right to a jury trial in any action or counterclaim for personal injury or property damage brought by the landlord or tenant is void and unenforceable. Real Property Law § 259-c.

Right to Additional Occupants ("Roommate Law")

Landlords cannot restrict occupancy of an apartment to the tenant and members of the tenant's immediate family. Where not prohibited by federal, state, or local law, the tenant can live with family members, another occupant and that occupant's dependent children. Real Property Law § 235-f.

Right to Energy Information ("Truth-in-Heating")

Where a tenant will be responsible for paying his or her own heating and/or cooling bills, the landlord, upon the tenant's request, must provide, free of charge, a complete set or a summary of such bills for the preceding two years and must indicate whether the premises was occupied during that time. The maximum penalty for the landlord's failure to provide this information is $100. The tenant cannot use the landlord's failure to provide such information as a basis to avoid any lease obligations. The landlord can only supply the names of prior tenants with their consent, and only information concerning bill amounts and fuel usage can be given by the utility. In addition, the landlord or the utility cannot provide any consumer credit information when releasing this information. Energy Law § 17-103.

Right Against Enforcement of "Unconscionable" Lease Clauses

A court that finds that a lease or lease clause was extremely unfair, or "unconscionable" under the law, when made, may refuse to enforce the lease, enforce the lease without the unconscionable clause, or limit the clause to avoid unconscionable result. Real Property Law § 235-c.

Reciprocal Right to Recover Attorneys' Fees

If a residential lease provides that a landlord may recover attorneys' fees and/or expenses incurred for any action or proceeding arising out of lease, the tenant who is a party to a lease with such a clause is entitled to recover reasonable attorneys' fees and/or expenses as well if the tenant successfully defends or prosecutes any action arising out of lease. Real Property Law § 234.

Written Receipts

Landlords must provide tenants with written receipts when those tenants pay their rent in cash, a money order, through cashier's check, or in any form other than the personal check of a tenant. Where a tenant pays the rent by personal check, the tenant may request that the landlord supply a receipt in writing for that payment. The receipt must state the payment date, the amount, the period for which the rent was paid, and the apartment number of the tenant's apartment. The receipt must be signed by the person receiving the payment and state his or her title. Real Property Law § 235-e.

Rent Overcharges

In New York City and certain communities outside of New York City where rent regulations apply, the landlord may not charge more than the legal regulated rent. Where these regulations apply, landlords must register each rent regulated apartment with NYS HCR and provide tenants annually with a copy of the registration statement. Tenants may also get a copy of the rent history for their apartment directly from HCR. To find out if your apartment may be covered by rent regulations, see the "Rent Regulation Q and A" tab.

If a landlord charges more in rent for a regulated apartment than the law permits, a tenant may be the victim of a rent overcharge. If that happens, a tenant can file a rent overcharge complaint with HCR, can bring an action in court for rent overcharge, or can file a counterclaim in an eviction proceeding brought by a landlord. A tenant may only challenge rents and collect any overcharges going back four years from the tenant's filing a complaint. The tenant is also entitled to recover interest, plus reasonable costs and attorney's fees, for the overcharge proceeding.

Generally, the penalty for a rent overcharge is the amount an owner collected above the legal regulated rent, plus accrued interest. If the overcharge is willful, the landlord is liable for a penalty of three times the amount of the overcharge for two years prior to the filing of the complaint. The landlord has the burden of proving that the overcharge was not willful.

Tenants who believe they are being overcharged should contact HCR.

Right to Privacy

Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In an emergency, such as a fire, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. Additionally, a landlord may not interfere with the installation of cable television facilities. Public Service Law § 228.