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See
also Leases-Renewal & Vacancy FAQ's
Disclaimer: By
providing answers to frequently asked questions, the staff of the
Rent Guidelines Board attempts to clarify the often complex programs
and regulations governing landlord tenant relations in NYC. However,
the information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board nor
should this information be used to substitute for advice of legal
counsel.
What
is the purpose of a lease and what is a standard lease form?
A
lease is a contract between a landlord and tenant which contains the terms
and conditions of rental. The vast majority of leases are written, although
oral rental agreements are common. The terms of all leases are fully negotiable,
although vigorous negotiations rarely occur where vacancies for affordable
housing are scarce. Usually tenants accept the terms drafted by landlords.
Occasionally, riders are added governing such things as pets, use of washing
machines or permission to make minor alterations. Generally, leases cannot
be changed while they are in effect unless both parties agree. In unregulated
buildings, a rental without any agreement as to the term is considered a "month-to-month" tenancy
which is terminable on 30 days notice.
In
New York, most leases contain provisions which have been superseded or modified
by statute. For example, a lease clause which prohibits subletting is no
longer enforceable in most cases because subletting is governed by statute.
A "standard" lease form is usually a form produced by one of the
companies that produce standard forms. For example, Julius Blumberg Inc. produces
a variety of lease forms for various types of tenancies. In some cases lawyers
groups or industry organizations, such as the Real Estate Board of New York
(REBNY), may prepare drafts of "standard" agreements.
Rent
stabilized tenants have the right to either a one- or two-year lease when
they move into an apartment. If no lease is given and the apartment is rent
stabilized or rent controlled, the tenancy is governed completely by statute
and common law rules.
Written
leases must use words with common and everyday meanings and must be clear
and coherent. Sections of leases must be appropriately captioned and the
print must be large enough to read easily. If the type is too small or the
lease is unclear, it may not be enforceable by the party who drafted or supplied
it.
Unless the lease states otherwise, the apartment must be made available to
the tenant at the beginning of the tenancy. If the apartment is not available
when agreed, the tenant has the right to cancel the lease and obtain a full
refund of any deposit.
In addition, rent stabilized tenants are also required to receive a "Rent Stabilization Lease Rider For Apartment House Tenants Residing In New York City" (DHCR Form RA-LR1), and, if a lease is being renewed, a "Renewal Lease Form" (DHCR Form RTP-8), both available on the DHCR Web site.
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What
are my options if I want to get out of my lease early?
First,
ask your landlord if s/he will let you out of the lease. Landlords are sometimes
pleased to obtain vacancies - especially if it will lead to a rent increase.
If
your landlord refuses to let you out, you can ask the landlord if you can "assign" the
lease. This means that you would have to find a new tenant. The landlord
can refuse to do so, but if his refusal is unreasonable he must release you
from the lease in thirty days upon your request.
For
more information see the "Subletting
and Assigning Leases" section of the NY State Attorney General's
Tenant's Rights Guide.
Generally
speaking, if you break your lease the landlord can claim part or all of your
security deposit for "unpaid rent." He could also go to court to
enforce the terms of the lease (i.e., ask you to pay additional rent until
a new tenant is found). Under current rulings, landlords have no duty to
promptly re-rent the apartment.
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I signed a lease and the apartment is not ready to move into. What can I do?
Unless the lease states otherwise, the apartment must be made available to
the tenant at the beginning of the tenancy. If the apartment is not available
when agreed, the tenant has the right to cancel the lease and obtain a full
refund of any deposit.
For assistance, contact the New York State
Division of Housing and Community Renewal (DHCR) at (718) 739-6400. For legal advice, see our Legal Services web page. In addition, the following
tenant groups can offer advice:
- Met Council
on Housing (212) 979-0611
- Tenants and
Neighbors (212) 608-4320
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Can
you have more than one stabilized lease?
Under
the rent stabilization law, a tenant in a rent stabilized apartment must
maintain the unit as his/her primary residence. The primary residence provisions
of the law were enacted to make sure that tenants did not take advantage
of the regulatory system.
If
you are subletting the extra apartment, you may be subject to eviction. For
information on subletting, see our FAQ on Subletting.
If you are not a primary resident, the landlord may refuse to renew your
lease. Additionally, see our Primary Residence FAQ
section.
Finally,
it is not unlawful per se to rent two stabilized apartments. Many people
rent more than one apartment because of space requirements. However, in these
situations the apartments are usually adjacent (or at least in the same building)
and thus are considered to be a single "primary residence." It
is not uncommon for married couples to maintain two separate rent regulated
residences.
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Can
the landlord demand a guarantor when I sign the lease?
If
the landlord has not yet signed the lease, the lease is not executed and
the landlord has the right to ask for a guarantor.
If
this is a rent stabilized renewal lease the landlord may not impose
new terms, and thus the landlord has no right to insist on a guarantor.
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My
landlord never followed through on promised improvements. Where do I turn
for breach of lease?
Your
rights are defined by your lease and by state and local law. If the lease
specifies the services or improvements and the landlord has not performed,
s/he has breached a legitimate contract and you may demand damages or performance.
If
the improvements simply concern amenities which do not effect the habitability
of the apartment, you could sue the landlord for damages or to force him
or her to abide by the terms of the lease. The court you choose will depend
upon the amount of damages claimed and the type of relief sought. If the
improvements concern habitability, you may seek an inspection to determine
if there are housing code violations and you could sue for repairs in the "HP
Part" of the Housing Court. If the improvements involve a service which
has previously been supplied to the tenants of the building, you may want
to consider filing a reduction of service complaint with the New York State
Division of Housing and Community Renewal (DHCR) at (718) 739-6400.
We
suggest you obtain a consultation with a private attorney. The following
tenant groups may advise you on where to look:
- Met Council
on Housing (212) 979-0611
- Tenants and
Neighbors (212) 608-4320
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My
landlord says he doesn't have to add my spouse to my rent stabilized lease
- is this correct?
No
- so long as your spouse is a primary resident of the apartment. The rent
stabilization law (Section 2522.5(g)) specifically says that "the tenant
shall have the right to have his or her spouse, whether husband or wife,
added to the lease or any renewal thereof as an additional tenant where said
spouse resides in the housing accommodation as his or her primary residence." If
necessary, you may file a complaint with the NY State Division of Housing
and Community Renewal (DHCR), the state agency which administers the rent
laws, at 718-739-6400.
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I
don't have a lease, so I am a month-to-month tenant - what are the allowable
rent increases?
You
may want to double-check with the NY State Division of Housing and Community
Renewal (DHCR), the state agency which administers the rent laws, at 718-739-6400,
to see if your apartment is rent stabilized. If you rent a stabilized unit,
your landlord must offer you a lease. Your rent cannot increase until
you receive a lease, and may only increase according to the annual rent guideline
increases voted on by the Rent Guidelines Board. Information of rent increases
can be found here.
If
you are not a stabilized tenant, there is no limitation on the amount
of rent increases. If you have no lease, or if your lease has expired, you
are considered a "month-to-month" tenant. According to the NYS
Attorney General's Office, a New York City landlord may raise the rent of
a month-to-month tenant with the consent of the tenant. However, if the tenant
does not consent, the landlord can terminate the tenancy by giving appropriate
notice (Real Property Law ß232-b). Further details are available in
the New York State Attorney General's Tenant's Rights Guide section
on Month-to-Month tenancy.
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Disclaimer: By
providing answers to frequently asked questions, the staff of the
Rent Guidelines Board attempts to clarify the often complex programs
and regulations governing landlord tenant relations in NYC. However,
the information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board nor
should this information be used to substitute for advice of legal
counsel.
RGB Page Updated 8/3/2012
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