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Every residential lease in New York City creates legally enforceable rights and obligations between landlords and tenants. Whether you are renting a condominium in Manhattan, a cooperative apartment on the Upper East Side, a townhouse in Brooklyn, or a single-family home in Queens, using the correct lease form and properly drafted riders can prevent costly disputes.
Most New York landlords begin with a standard lease published by REBNY or Blumberg Legal Forms. Those forms are only the starting point. Every property requires customized provisions addressing building rules, security deposits, repairs, occupancy, condominium or cooperative requirements, and evolving New York landlord-tenant laws.
This guide explains the most common residential lease forms used in New York City, important lease clauses, mandatory riders, and the legal issues every landlord and tenant should review before signing.
For commercial properties, review the NYC Commercial Lease Guide.
A residential lease is a legally binding agreement that grants a tenant the right to occupy residential property for a specified period in exchange for rent. In New York City, residential leases must comply with numerous state and local laws, including requirements concerning security deposits, disclosures, habitability, rent regulation, and notice provisions.
Notably, under the Fairness in Apartment Rental Expenses (FARE) Act, landlords and brokers representing landlords generally cannot charge tenants a broker’s fee. Tenants may still hire and pay their own broker if they choose.
The overwhelming majority of New York City landlords use standardized lease forms and then add customized riders and property-specific provisions.
The REBNY Residential Lease is widely used by institutional landlords, large apartment buildings, and professional property management companies. It provides a comprehensive foundation for residential leasing and is designed to accommodate numerous supplemental riders.
The Blumberg Residential Lease is one of the most commonly used attorney-prepared lease forms in New York. Many individual landlords, attorneys, and smaller building owners rely on Blumberg forms because they are familiar, flexible, and regularly updated.
REBNY and Blumberg offer distinct forms for different property types, including specialized versions for cooperative apartments, condominium apartments, and single-family houses.
For rent-stabilized properties, landlords must use official New York State Division of Housing and Community Renewal (DHCR/HCR) forms. These contain special provisions under the New York Rent Stabilization Code. Owners must also use the official Renewal Lease Form (RTP-8) for renewals.
Every residential property has different legal and operational requirements. Landlords, therefore, use different lease forms and riders depending on the type of property.
Leases commonly include building rules, access rights, package policies, amenity rules, and maintenance procedures.
Co-op leases frequently incorporate the cooperative corporation’s proprietary lease, house rules, alteration policies, and board approval requirements.
Condominium leases often reference condominium bylaws, board regulations, common elements, move-in procedures, and insurance obligations.
Leases for houses typically allocate responsibility for landscaping, snow removal, utilities, maintenance, and exterior repairs.
These leases may address shared driveways, garbage collection, parking, basement storage, and common areas that are less common in larger apartment buildings.
For cooperatives and condominiums, the board may require submission of the tenant’s application and an interview of the proposed tenant. The board focuses on the suitability of the tenant for the building community.
Fees associated with these procedures can include an application fee, processing fee, credit report fee, and move-in deposit. These should be clearly addressed in the lease package.
The printed lease form is only part of the agreement. Most New York residential leases include multiple riders that expand or modify the standard provisions. Landlords typically prepare the riders; tenants who wish to add language usually negotiate additions to the landlord’s proposed rider.
Landlords are required to disclose certain conditions concerning the premises, such as bed bug history and the existence of lead-based paint. Management companies often have their own disclosure packages that new residents must complete. Common disclosures and riders include:
- Lead-Based Paint Disclosure
- Window Guard Notice
- Bed Bug Disclosure
- Sprinkler System Disclosure
- Smoke Detector and Carbon Monoxide Acknowledgment
- Electronic Notice Rider
- Pet Rider
- Guaranty
- House Rules
- Alteration Rider
- Move-In and Move-Out Procedures
- Building Regulations
- Rent Stabilization Rider (where applicable)
Many landlords also prepare customized riders addressing short-term rentals, insurance requirements, appliance maintenance, bicycle storage, package deliveries, and other building-specific rules.
Frequent errors include:
- Using the wrong lease form for the property type (e.g., a standard apartment form for a co-op or condo)
- Forgetting condominium or cooperative-specific riders and board approval contingencies
- Omitting or poorly drafting guaranty language
- Copying outdated clauses that no longer comply with current law
- Violating security deposit requirements (limit, handling, or return timeline)
- Failing to update the lease after changes in New York law (including FARE Act, Good Cause Eviction, and late-fee rules)
Before signing a New York residential lease, landlords and tenants should carefully review the following provisions.
Financial Terms
- Monthly rent
- Rent escalation
- Additional rent
- Late fees (New York law provides a 5-day grace period; the maximum late fee is the lesser of 5% of the monthly rent or $50)
- Security deposit (generally limited to one month’s rent; subject to strict rules on handling, co-mingling, and return within 14 days after the tenant vacates with an itemized statement of any deductions)
- Returned check fees
- ‘As-is’ condition of premises upon delivery
- Permitted occupants
- Roommates
- Guests
- Prohibition on short-term rentals
- Condominium/co-op rules compliance and tenant’s representation of having reviewed them
- Condominium/co-op approval contingency
- Application / undisclosed information
- Keys and locks
- Pets
- Smoking
- Home businesses
- Alterations
- Decorations
- Allocation of responsibility for damage to appliances, unit systems, furniture, fixtures, walls, and ceilings
- Right of entry
- Repairs
- Inspections
- Emergency access
- Building maintenance
- Repairs (best practice is to require the tenant to use a licensed contractor, which is also commonly required by the co-op/condo boards)
- Utilities
- Renter’s insurance
- Cleaning
- Damage
- Compliance with building rules
- Reimbursement to landlord
- Guaranty (commonly required for entity tenants or when the tenant’s finances are weak)
- Holdover
- Surrender
- Security deposit return (subject to the 14-day timeline under the General Obligations Law)
- Forwarding address
- Move-in / move-out procedures (from the landlords' perspective, the lease should require the tenant to use professional movers and provide a copy of COI with the landlord named as additional insured)
- Renewal (the lease should outline notice periods and any applicable fees, such as co-op board application fees; some buildings have different fee structures for renewals)
- Nonrenewal is subject to specific requirements under the Good Cause Eviction Law. Landlords must also comply with notice requirements under Real Property Law § 226-c for certain rent increases or non-renewals.
- A defective nonrenewal notice is one of the most common reasons for dismissal of a landlord’s eviction summary proceeding.
Transient occupancy, short-term rentals (including but not limited to Airbnb or similar platforms), subletting, assignment of this Lease, and licensing are strictly prohibited. Tenant shall not sublet, assign, license, or otherwise permit occupancy of the Unit without prior written consent of Landlord and, if applicable, the Condominium. The Tenant named in the Lease shall be the only occupant of the Unit. Any unauthorized occupancy or use shall constitute a material breach of the Lease. Tenant shall not advertise the Unit for rent, sublet, or occupancy on any platform, website, or listing service without Landlord’s prior written consent. In the event Landlord receives notice from the Condominium of a violation of this provision during the Term and the Condominium imposes a fine or penalty upon the Landlord, Tenant agrees to be responsible for payment of all such fines, penalties, fees, and all other costs (legal or otherwise) incurred by Landlord in connection with such violation.
Tenant represents and warrants that the Unit will be occupied only by Tenant and acknowledges that Landlord is relying on the foregoing as a material basis for entering into the Lease. For the avoidance of doubt, Tenant acknowledges that Real Property Law § 235-f shall be construed to prohibit occupancy of the Unit by any individual other than the Tenant identified in the Lease. Violation of this Section shall be a material default under this Lease.
Tenant further acknowledges that any violation of the foregoing prohibition against transient occupancy, short-term rentals, or unauthorized occupancy shall result in immediate and irreparable injury to Landlord, the Condominium, and the building, for which monetary damages would be inadequate. Accordingly, Landlord shall be entitled to seek and obtain injunctive relief to enforce this provision without the necessity of demonstrating actual damages or posting a bond, without prejudice to any other rights and remedies available at law or in equity. Tenant shall reimburse Landlord, as Additional Rent, for all legal fees, costs, and expenses incurred in connection with seeking or obtaining such injunctive relief.
Tenant represents and warrants that all information provided to Landlord in connection with Tenant’s application and tenancy, including financial information, rental history, employment history, and criminal background, is true, complete, and accurate in all respects. If, at any time prior to Tenant’s move-in or during the application process, any information is determined to be false, misleading, or incomplete, or if any adverse or undisclosed information is discovered, Landlord shall have the right, in its sole discretion, to terminate the Lease upon written notice to Tenant without liability. In such event, Tenant shall reimburse Landlord for all application fees, processing fees, administrative charges, and any other costs or expenses incurred in connection with the Lease or building application process. All such amounts shall be deemed Additional Rent and due immediately upon demand.
Tenant shall return all keys upon vacating and shall not change or install locks without Landlord’s prior written consent. Landlord may charge Tenant a reasonable fee, not to exceed $150 per occurrence, for assisting with lockouts or providing replacement or additional keys. If Tenant fails to return all keys upon expiration or earlier termination of the Lease, Landlord may charge Tenant for the cost of replacing keys and/or rekeying or changing locks, as reasonably determined by Landlord, payable as Additional Rent.
Tenant acknowledges that the Condominium prohibits the keeping, harboring, or presence of pets or animals of any kind within the Unit and/or the Building. Tenant agrees to strictly comply with such no-animals policy at all times during the Term (including any renewal). Tenant shall remain fully responsible for all damages caused by any pet. Any unauthorized pet in the Unit shall constitute a material breach of this Lease and shall be subject to removal upon demand by Landlord, in addition to any other rights or remedies available under this Lease or at law.
Tenant shall reimburse Landlord for any condominium-related charges, fines, damages, or costs caused by Tenant. Tenant shall: (1) coordinate all moves with building management and the Landlord; (2) pay all required fees and deposits; and (3) be responsible for any damage to common areas caused by Tenant or Tenant’s agents, representatives, guests, invitees, licensees, successors, or heirs. Tenant represents and warrants awareness of Tenant’s right to pre-move-in and pre-move-out inspections under Article 7 of the New York General Obligations Law.
Many lease disputes arise because important provisions are vague, outdated, or inconsistent with New York law. A residential lease review can identify potential issues before they result in litigation, security deposit disputes, repair claims, or eviction proceedings.
Whether you are a landlord preparing a lease package or a tenant reviewing a proposed agreement, obtaining legal advice before signing is often far less expensive than resolving a dispute after the lease takes effect.
https://www.eladmichael.com/Blog/Common-Pitfalls-in-NYC-Eviction-Proceedings-for-Landlords-Avoid-These-Costly-Mistakes/
Fundamental Differences from Residential Leases
https://www.eladmichael.com/Blog/Understanding-New-Yorks-Good-Cause-Eviction-Law-What-Tenants-and-Landlords-Need-to-Know/?utm_source=chatgpt.com#wbb1