New York Lease Agreement Template

1. Allergen Hazards Disclosure (NYC only) – Must be completed and signed with the attached Local 55 brochure. It acknowledged the landlord had performed an annual inspection of indoor allergen hazards such as mold, mice, rats, and cockroaches.^[1]

2. Bedbug Disclosure (NYC only) – Landlords must disclose the rental unit’s history of bedbug infestation for the previous year.^[2]

3. Copy of Signed Lease (conditional) – For rent-stabilized tenants, the landlord must provide a signed copy of their lease within 30 days of tenancy.^[3]

4. Flood History Disclosure & Risk Notice – The landlord must mention the property’s flood history, risk, and insurance information.^[4]

5. Lead-Based Paint Disclosure & EPA Pamphlet (conditional) – If the residence was constructed before January 1, 1978, the disclosure must be completed and signed.

6. Notice of Applicability of Good Cause Eviction Law – Landlords must attach to the lease a notice disclosing whether the Good Cause Eviction Law applies or does not apply to the tenancy.^[5] (See applicability requirements HERE on the NY gov website.)

7. Security Deposit Receipt (conditional) – If the landlord accepts a security deposit, the name and location of the financial institution where the money was deposited must be disclosed to the tenant in writing.^[6]

8. Sprinkler Disclosure – The lease must disclose whether or not a sprinkler system exists on the premises in bold font.^[7]

9. Stove Knob Covers (NYC only) (conditional) – If the tenant has children under six years old, the tenant must complete this disclosure. If the tenant selects that the landlord provides stove knob covers, the landlord must fulfill this request.^[8]

10. Smoke Detectors and Carbon Monoxide Detectors (NYC only) (conditional) – A landlord may be required to install one or more smoke detectors, carbon monoxide detectors, and natural gas detectors consistent with the applicable building code and repair or replace any broken detector in the first year if the malfunction is not the tenant’s fault. This applies in multiple and private dwellings (defined as one- or two-family homes that are not occupied by the landlord/owner).^[9]

11. Window Guards (NYC only) (conditional) – A landlord must install window guards on all windows in buildings with three or more apartments if either (i) a child ten years of age or younger resides in the unit or (ii) the tenant requests installation, even if no children reside in the unit.^[10]

Maximum Amount – One month’s rent is the maximum allowable amount a landlord can charge for a security deposit.^[11]

Collecting Interest – The security deposit must be held in an interest-bearing account in a banking organization.^[12] The tenant has the option to collect the interest on the deposit annually or apply the balance to their rent.^[11]

Receipt – The landlord must provide the tenant with a receipt for their security deposit containing the name and location of the banking organization where their deposit is being held.^[6]

Returning – After the tenant has vacated the property, the landlord must return the security deposit within 14 days.^[13]

• Itemized List – The landlord must provide the tenant with an itemized statement explaining any withheld amounts from the security deposit within 14 days of the end of tenancy.^[13]

Grace Period – A landlord cannot charge a late payment fee until five days after the due date.^[14] If rent is not paid on the sixth day, the landlord can issue a 14-day notice to quit, allowing the tenant to pay the owed rent or vacate the property.

Maximum Late Fee ($50) – The landlord can charge $50 or 5% of the monthly amount, whichever is less, for the late payment of rent.^[14]

NSF Fee – New York state law does not specify a maximum fee that a landlord can charge for a bounced check. However, such a fee must be included in the lease before it can be charged.^[15]

Withholding Rent – If the landlord fails to pay for water service or other essential utilities, the tenant may pay for these services on their own and deduct the cost from any future payments of rent.^[16]

Standard Access – The landlord must provide reasonable prior notice before entering the tenant’s property to provide routine or agreed-upon repairs or services.^[17]

Immediate Access – In an emergency, the landlord is not required to seek the tenant’s consent or give prior notice before entering the property.^[17]

Absence – New York state law does not establish a specific length of time that a tenant must be absent for a rental property to be considered abandoned.

Breaking the Lease – A tenant may terminate the lease if they are a victim of domestic violence^[18] or if they are a senior citizen or a disabled individual who is no longer able to live independently or who has the opportunity to live in an adult care facility.^[19]

Tenant’s Utility Shutoff – A landlord may initiate eviction proceedings against a tenant if their failure to maintain essential utilities constitutes “objectionable” conduct.^[19] In this case, the landlord must give the tenant 30 days’ notice before being evicted.^[21]

Unclaimed Property – New York does not permit landlords to retain the tenant’s personal belongings or furniture following eviction.^[22]