New York Residential Lease Agreement Template

A fixed-term lease for a house, apartment or condo. It sets the rent, deposit, rules and responsibilities for both sides, with slots for the rules of the state where the home is located. This edition fills in the New York rules we could confirm and marks the rest as blanks to check.

New York rules for this form

Deposit limit. For most rentals, the deposit and any advance payment together may not exceed one month of rent. (General Obligations Law section 7-108)

Deadline to return the deposit. The landlord must return the deposit, minus lawful deductions, within 14 days after the tenant moves out. (General Obligations Law section 7-108)

Notice before entry. There is no statewide statute on entry notice, so the lease controls and landlords are generally expected to give reasonable advance notice except in emergencies. (New York Real Property Law (no statewide entry statute))

Late fees. A late fee may not exceed $50 or 5 percent of the monthly rent, whichever is less. (Real Property Law section 238-a)

Grace period. Rent is not late, and no late fee may be charged, until it is more than 5 days past due. (Real Property Law section 238-a)

Required disclosures. Homes built before 1978 need the federal lead-based paint disclosure and the EPA pamphlet. (Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d))

Required disclosures. The lease must state in bold type whether the unit has a working sprinkler system. (Real Property Law section 231-a)

Required disclosures. The lease generally must disclose whether the property is in a flood zone and whether it has flood damage history. (New York Real Property Law (flood disclosure))

Notice before a rent increase. An increase of 5 percent or more needs 30 days of written notice if the tenant has lived there under a year, 60 days for one to two years, and 90 days for more than two years. (Real Property Law section 226-c)

Notice before a rent increase. Rent stabilized tenants receive renewal lease offers with increases limited to the rates generally set by the local rent guidelines board. (Rent Stabilization Law and Code)

Month-to-month notice. To end a month-to-month tenancy, a landlord gives 30, 60 or 90 days of written notice depending on how long the tenant has lived there. (Real Property Law (month-to-month tenancies, as amended in 2019))

Cities and counties in New York can add their own rules on top of these. Check local ordinances before you sign.

What is in the template

1. Parties
2. Property
3. Term
4. Rent
5. Late charges
6. Security deposit
7. Other charges and fees
8. Utilities and services
9. Occupants and guests
10. Use of the property
11. Pets
12. Smoking
13. Maintenance and repairs
14. Alterations
15. Landlord entry
16. Subletting and assignment
17. Insurance
18. Default
19. Moving out
20. Notices
21. Disclosures
22. General terms
23. Signatures

Before you use it

• A residential lease is the main contract between a landlord and a tenant for a fixed term, usually 6 or 12 months.
• State law sets the limits on deposits, late fees, entry notice and eviction notices, and it overrides any lease clause that conflicts with it.
• A clause that waives a tenant's legal rights is usually unenforceable and can weaken the rest of the lease.
• Have an attorney in your state review your final version, and attach every disclosure your state and city require.

For the full explanation of this form, read our guide to the residential lease agreement.