New York Residential Lease Agreement
A free New York lease template, plus what New York law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures New York requires
| Sprinkler system | Every residential lease must state, in a conspicuous bold-face notice, whether the premises have a maintained and operative sprinkler system and, if so, the date of its last maintenance and inspection. Applies to: All residential leases Source: N.Y. Real Prop. Law § 231-a |
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| Flood zone and flood history | Every residential lease must disclose whether any part of the premises is in a FEMA-designated floodplain, in the Special Flood Hazard Area (100-year floodplain) or in a Moderate Risk Flood Hazard Area (500-year floodplain) under current FEMA maps, and any prior flood damage from a natural flood event that the landlord knows or reasonably should know about, with the nature of the damage. Applies to: All residential leases Source: N.Y. Real Prop. Law § 231-b(1) |
| Security deposit bank notice | If the deposit is placed in a bank, the landlord must tell each tenant in writing the name and address of the bank (which must have a New York place of business) and the amount deposited. Deposits are held in trust and may not be commingled with the landlord's own money. Applies to: All residential leases with a deposit |
| Move-in and move-out inspections | After the lease is signed and before move-in, the landlord must offer the tenant an inspection; if requested, both sign a written agreement recording the unit's condition and existing defects, and the landlord may not keep deposit money for those listed conditions. After either party gives notice to end the tenancy, the landlord must tell the tenant in writing of the right to request and attend a move-out inspection (not required if the tenant gives less than two weeks' notice). Applies to: Residential units other than rent-controlled units and listed senior/care facilities |
Terms New York law requires or controls
| Flood insurance notice | Every residential lease must contain the statutory notice that flood insurance is available to renters through FEMA's National Flood Insurance Program, that a standard renter's policy typically does not cover flood damage, and that tenants should review their policy. Applies to: All residential leases Source: N.Y. Real Prop. Law § 231-b(2) |
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| Reciprocal attorney's fees | If a residential lease lets the landlord recover attorney's fees, the law implies a matching covenant: the landlord must pay the tenant's reasonable fees when the landlord fails to perform the lease or the tenant successfully defends the landlord's case. Any waiver is void. Applies to: All residential leases with a landlord attorney's-fee clause Source: N.Y. Real Prop. Law § 234 |
| Warranty of habitability | Every residential lease, written or oral, is deemed to include the landlord's warranty that the unit and common areas are fit for human habitation and free of conditions dangerous to life, health or safety. Applies to: All residential leases Source: N.Y. Real Prop. Law § 235-b |
| Roommates and occupants | A lease to one tenant is read to allow the tenant's immediate family, one additional occupant and that occupant's dependent children; a lease to multiple tenants allows family and occupants as long as total tenants plus occupants (not counting dependent children) do not exceed the number of tenants named in the lease. The tenant must tell the landlord each occupant's name within 30 days after move-in or after the landlord asks. Applies to: All residential leases Source: N.Y. Real Prop. Law § 235-f |
| Late fees and bounced-check fees | A late fee may be charged only if rent is more than 5 days late and may not exceed the lesser of $50 or 5% of monthly rent. A dishonored-check fee may be charged only if the lease provides for it, capped at the greater of the landlord's actual costs or the amount in Gen. Oblig. Law § 5-328(3). Applies to: All residential leases (different rules for cooperative shareholders) |
| Deposit limit and refund | A deposit or advance may not exceed one month's rent. The landlord must return the balance with an itemized statement within 14 days after the tenant vacates or forfeits the right to keep any of it; deductions are limited to unpaid rent, damage beyond normal wear and tear, unpaid utilities owed to the landlord, and moving and storage of the tenant's belongings. Applies to: Residential units other than rent-controlled units, listed senior/care facilities, seasonal rentals and owner-occupied co-ops |
| Deposit interest | For buildings with six or more units, deposits must be kept in a New York interest-bearing account earning the prevailing rate; the landlord may keep 1% a year for administrative costs and the rest of the interest belongs to the tenant. Applies to: Buildings with 6 or more units |
| Rent receipts and late-rent notice | The landlord must give a written receipt for rent paid in cash or by anything other than a personal check (and for personal checks on written request), showing the date, amount, premises, period and the receiver's name and title. If rent is not received within 5 days after the due date, the landlord must send the tenant written notice by certified mail; failure to do so is a defense in a nonpayment case. Applies to: All residential leases Source: N.Y. Real Prop. Law § 235-e |
Clauses that are void in New York
| Habitability waiver | Any agreement by a residential tenant waiving or modifying the warranty of habitability is void as contrary to public policy. Applies to: All residential leases Source: N.Y. Real Prop. Law § 235-b(2) |
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| Landlord negligence exemption | A lease clause exempting the landlord from liability for injury to persons or property caused by the negligence of the landlord or its agents or employees in operating or maintaining the premises is void and wholly unenforceable. Applies to: All leases of real property Source: N.Y. Gen. Oblig. Law § 5-321 |
| Application and move-in fees | Apart from fees allowed by statute or regulation, a landlord may not charge any fee to process, review or accept an application, or any other fee at or before the start of the tenancy, except a background and credit check fee capped at the lesser of actual cost or $20 (waived if the applicant provides a check from the past 30 days; collectible only after giving the applicant a copy of the check and the provider's receipt). Lease terms waiving these limits are void. Applies to: All residential leases (limited exceptions for co-ops and senior facilities) |
| Restricting occupants to tenant and immediate family | A lease restricting occupancy to the named tenant alone or to the tenant and immediate family is unenforceable, and any clause waiving the roommate law is void, except for restrictions needed to comply with laws or codes. Applies to: All residential leases |
| Waiver of the landlord's duty to mitigate | A lease clause waiving or excusing the landlord's duty to try in good faith to re-rent a unit after a tenant leaves early is void. Applies to: All residential leases Source: N.Y. Real Prop. Law § 227-e |
| Waiver of sublet and assignment rights | A lease term waiving the tenant's statutory rights to request consent to assign, or to sublet with consent that may not be unreasonably withheld, is null and void. Applies to: Assignment: all residential leases; subletting: buildings with 4 or more units (not public housing or co-op proprietary leases) Source: N.Y. Real Prop. Law § 226-b(6) |
| Waiver of deposit protections | Any agreement waiving the security deposit trust and notice rules or the deposit cap, inspection and refund rules is absolutely void. Applies to: All residential leases with a deposit |
| Unconscionable clauses | A court may refuse to enforce a lease or any clause it finds unconscionable when made, or limit the clause to avoid an unconscionable result. Applies to: All leases Source: N.Y. Real Prop. Law § 235-c |
Format and delivery rules
| Plain language | A written residential lease must be written in a clear and coherent manner using words with common, everyday meanings, and be appropriately divided and captioned by section. A noncompliant landlord is liable for actual damages plus $50 (no penalty for good-faith attempts); the lease stays valid. Applies to: Written residential leases (not agreements over $250,000) Source: N.Y. Gen. Oblig. Law § 5-702 |
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| Minimum type size | A printed residential lease that is not clear and legible, or is printed in type smaller than 8 points (5.5 points for all-capital type), cannot be used as evidence by the party who prepared it. This cannot be waived. Applies to: Printed residential leases Source: N.Y. C.P.L.R. 4544 |
| Bold sprinkler notice | The sprinkler disclosure must be a conspicuous notice in bold-face type. Applies to: All residential leases Source: N.Y. Real Prop. Law § 231-a |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by New York law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice New York law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with New York law (N.Y. RPL § 238-a(2)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the New York limit (N.Y. Gen. Oblig. Law § 7-108(1-a)(a)). Landlord will return it, minus lawful deductions with any required itemized list, within the time New York law sets (N.Y. Gen. Oblig. Law § 7-108(1-a)(e)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice New York law requires (No statute; NY Attorney General Residential Tenants' Rights Guide), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than New York law requires.
14. Flood insurance notice. (Write this clause to meet New York law: see "Flood insurance notice" above (N.Y. Real Prop. Law § 231-b(2)).)
15. Reciprocal attorney's fees. (Write this clause to meet New York law: see "Reciprocal attorney's fees" above (N.Y. Real Prop. Law § 234).)
16. Warranty of habitability. (Write this clause to meet New York law: see "Warranty of habitability" above (N.Y. Real Prop. Law § 235-b).)
17. Roommates and occupants. (Write this clause to meet New York law: see "Roommates and occupants" above (N.Y. Real Prop. Law § 235-f).)
18. Late fees and bounced-check fees. (Write this clause to meet New York law: see "Late fees and bounced-check fees" above (N.Y. Real Prop. Law § 238-a(2), (2-a)).)
19. Deposit limit and refund. (Write this clause to meet New York law: see "Deposit limit and refund" above (N.Y. Gen. Oblig. Law § 7-108(1-a)).)
20. Deposit interest. (Write this clause to meet New York law: see "Deposit interest" above (N.Y. Gen. Oblig. Law § 7-103(2), (2-a)).)
21. Rent receipts and late-rent notice. (Write this clause to meet New York law: see "Rent receipts and late-rent notice" above (N.Y. Real Prop. Law § 235-e).)
22. Disclosures attached. Landlord has given Tenant these disclosures required by New York law: Sprinkler system; Flood zone and flood history; Security deposit bank notice; Move-in and move-out inspections. [Attach each one.]
23. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
24. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.