Under the laws that govern landlord-tenant relations In New York, a lease agreement must have a certain content in order to be enforceable in a court of law. Specifically, a lease must contain the following provisions:
- The rent amount and payment schedule;
- The duration of the lease;
- The responsibilities of both the landlord and tenant;
- The name and contact information for the landlord and the tenant or tenants;
- A description of the rental property, including its address and any additional amenities included in the agreement, e.g., parking privileges;
- The term of the lease and how it can be renewed;
- Rent amount and payment schedule, including late fees and the forms of payment that are acceptable;
- The amount of the security deposit;
- Whether there is a pet deposit and, if so, how much it is;
- The maintenance and repair responsibilities of the landlord and the tenant;
- Whether utilities and services are included in the rent;
- Rules and regulations for the property, e.g., rules regarding noise and parking;
- How the tenant may get a security deposit refund, and when they can expect it if they vacate the unit; and
- Termination and eviction policies and procedures.
If possible, a person should consult with a real estate attorney and have them review a lease. An attorney can make sure that a lease meets all of New York’s legal requirements.
Before signing a New York lease agreement, a person should read it carefully. A person should understand all the terms and conditions it contains. If any part of it is unclear or confusing, it is best to clarify it with the landlord before signing.
A person should keep in mind that they may try to negotiate any terms with which they are not comfortable. Additionally, it is crucial to get any agreements made in writing to avoid any misunderstandings in the future. Seeking the advice of a local attorney in New York is always a good move.
What Law in New York Applies to Residential Leases?
In 2019, New York enacted the Housing Stability and Tenant Protection Act of 2019, which provides some new protections for residential tenants. In part, the law contains the following provisions:
- Charging a fee in order to apply for a lease is now prohibited in New York;
- The cost of obtaining a credit report or a background check cannot exceed $20;
- A landlord must accept a background check or credit check that a tenant gives them, but it must be no more than 30 days old;
- Landlords cannot require payment of more than one month’s rent for a security deposit; and
- A landlord cannot require payment of the first and last month’s rent as a condition of occupancy.
In the past, landlords could refuse to lease a rental unit to a person because of their past involvement in an eviction action. Landlords used court records and eviction databases to “blacklist” tenants and deny them the opportunity to rent housing. However, the eviction action in court records and databases may not have had a legitimate basis in some cases.
The practice of blacklisting tenants because of past eviction actions is now prohibited. A penalty of up to $1,000 can be imposed on the landlord who does it. The New York Attorney General enforces this law.
However, tenants should remember that a judgment of eviction can appear on a person’s credit report. Tenants can be refused a rental because they have a bad credit report from a past eviction judgment.
After signing a lease and before occupying a new rental unit, a tenant can inspect their unit and document its condition. This is a good idea so the tenant can prove that they are leaving their rental unit in the same condition it was when they took possession at the end of their lease.
A tenant also has a right to get a written agreement signed by both the tenant and the landlord that details the property’s condition and notes any defects or damage present at the beginning of the lease term. A tenant can use this as evidence if they must sue the landlord for the return of their security deposit when the lease ends.
What Can a Landlord Do if a Tenant Does Not Pay the Rent?
There are also protections in the new law for tenants during their occupancy of a rental unit. Before the new law was enacted, landlords could and did use extreme and illegal measures to drive out tenants who paid their rent after it was due. While there were penalties for this type of conduct, they were not severe enough to discourage it.
For example, landlords were known to remove doors, change the locks, and remove the tenant’s furniture. A landlord who uses measures of this type can now be charged with a crime, specifically a Class A misdemeanor.
A landlord must give a tenant a 14-day notice to pay or quit. Then, if the tenant still has not paid by the date on the notice, the landlord may give the tenant the documents needed to start a legal eviction action in court. The documents must be served at least 10 days before the date of the court hearing for the action. If the full amount of rent that the tenant owes is paid in full at any time before the court date, the landlord must accept the payment and stop the eviction.
The 2019 law gives tenants facing an eviction additional time to prepare a defense. A tenant can ask to postpone an eviction hearing once to find a lawyer to represent them and then again for 14 days if there are disputed facts. This second request for a delay is called an “Adjournment of Hearing.” A tenant can ask for this one time only.
It is assumed that if a tenant complained about conditions in their rental unit within one year of eviction, then the eviction must be retaliation for the complaint. Evidence of the complaint may be presented in court as a defense to an eviction. Tenants participating in a tenant’s organization may also raise retaliation as a defense.
When a tenant complains, they should document this and make a record of their complaints. They can be helpful if a tenant is evicted in retaliation for complaining.
If the court finds a landlord entitled to evict a tenant, the judge can issue a Warrant of Eviction. This formal court order gives a court official the authority to remove the tenant and their belongings from the rental unit. After the warrant is given to the tenant, at least 14 days must pass before the official can remove the tenant from the rental unit.
A tenant can only be removed from a tenancy during daylight hours on business days, i.e., Monday through Friday. The warrant should be vacated or rendered ineffective if the tenant pays the court the full rent they owe before the warrant is executed.
If a court finds that eviction would cause extreme hardship to a tenant, a Warrant of Eviction can be delayed for as long as 1 year.
The court may consider such factors as:
- A child’s attendance in a local school;
- The unavailability of other affordable rentals in the area;
- Whether an eviction would worsen a tenant’s current health condition in deciding whether to delay an eviction.
Of course, a court must also consider whether a delay would cause undue harm to the landlord. A court will not grant a delay if it finds that the tenant engaged in objectionable conduct that resulted in the eviction.
Landlords are required by law to obtain a certificate of occupancy from the local building or permitting authority to rent out residential housing units. This document states that the unit is fit for human occupancy. Without it, a landlord could not collect rent or evict tenants for non-payment.
Can a Tenant Legally Terminate a Lease?
A lease is intended to be binding for the duration of the lease period to which the landlord and tenant agree as stated in the lease when it is signed. There are, however, some circumstances under which a tenant can legally end a lease agreement before the end of the lease term:
- The tenant or their child are victims of domestic violence and must relocate for their safety;
- The tenants are elderly tenants moving to a nursing home or assisted living situation;
- The tenants are about to start active military duty;
- The landlord has harassed the tenants, violated their rights, or engaged in illegal activity that targeted the tenants;
- The tenants endured unsafe conditions on the property.
Some leases have a provision allowing a tenant to terminate their lease early in exchange for paying a penalty fee. So, a tenant should review their lease and look for a clause with a provision for ending the lease before the end of the lease term. The penalty might be 2 or 3 months rent. The tenant may also be required to give notice. Of course, the tenant should be prepared to vacate the lease premises.
If a tenant plans not to renew a lease when the lease term expires, they want to send the landlord a notice to vacate.
What Should Happen When a Tenant Moves Out?
When a tenant informs their landlord that they plan to move out at the end of a lease term, they must give the tenant a written notice of their right to an inspection. If the tenant requests an inspection, the landlord must give at least a 48-hour written notice of the time and date of the inspection. This is to allow the tenant to attend the inspection.
The inspection should happen between 1 and 2 weeks before the tenant moves out. After the inspection, the tenant should receive a list of the repairs or cleaning they need. The tenant cannot be required to repair normal wear and tear, but the tenant can address any issue identified during the inspection.
The cost of repairing any item on the list that the tenant does not fix can be deducted from their security deposit. Within 14 days of move-out, the landlord must return the security deposit balance minus what can be deducted legally.
A landlord must always be able to justify keeping all or some of a tenant’s security deposit either to compensate for unpaid rent that is legally owed or to repair legitimate damage done by the tenant. If a landlord keeps some or all of a security deposit without justification, they risk paying punitive damages.
What if a Tenant Terminates a Lease Without Justification?
The following reasons do not justify a tenant not paying rent for a rental unit before the lease ends:
- The tenant is moving to a new house;
- The tenant is relocating or a new job or to go to school;
- The tenant is downsizing or upsizing:
- The tenant wants to move in with a partner; and
- The tenant is moving to be closer to family.
A tenant owes the landlord the full rent through the entire lease term. The tenant is not relieved of this obligation if the tenant does not have a legally valid justification for ending their lease.
A tenant may want to break a lease for these reasons or any others. If so, the tenant would be well advised to ask the landlord to agree to the termination, perhaps with some kind of financial settlement from the tenant, e.g., forfeiting the security deposit. Otherwise, the tenant owes the landlord the full amount of the rent through the end of the lease term specified in the lease agreement.
What if the Landlord Cannot Find a Suitable Replacement Tenant?
The landlord must mitigate their damages and seek another tenant. However, if the landlord cannot find a suitable replacement tenant, the remaining rent owed through the end of the lease can be deducted from the tenant’s security deposit. If the security deposit is inadequate to compensate the landlord for the rent owed, the landlord could seek damages from the tenant in small claims court.
Do I Need the Help of a Lawyer With My Rental Agreement Issue?
If you are being evicted or want to terminate a lease before the end of the lease period, you should consult an experienced New York landlord-tenant lawyer near you.
A landlord-tenant lawyer can advise you of your options regarding eviction or terminating a lease and when and how it can be done legally so you do not suffer expensive negative consequences.
It is also a great idea to have a New York attorney review your lease, explain its terms, and answer any questions you have about it. This is so you understand your rights and obligations going into the lease arrangement.
