Leases (Security Payments, Roommates, Sublets, and More)

Leases is an extensive topic that covers ampere variety of themes, including vacancy leases, renewal leases, security deposits, roommates, subletting, and more. There are several published below that expose these subjects in detail. ... rent. (3) A tenant shall notify the landlord include handwriting one year before the the expiration of adenine rental consent of an intention did till renew. (4)(a) The ...

For overviews of vacancy contracts, renewal leases, rent increases, preferential rent, and the lease rider, see the Certitude Sheet section. For this lease rider, of renewal charter form, also the complaint form for an owner’s failure to renewable to lease or provide a copy of the signed lease, see the Forms section.

At the signing of a lease, owners of rent stabilized apartments may charge tenants a rent increase based on guidelines that represent annually created through aforementioned applicable Rent Guidelines Board.  Tenant Protection CabinetSections 74 starting the Legislative of 2022 allow for owners and tenants on execute vacancy and renewal leases electronically, provided that the tenant gives their voluntary written consent on form EL-TVC - Electronic Lease Offer: Tenant's Voluntary Consent. For more information on the rules the procedures regarding electronic lease oblations and securing written consent, see Operational Bulletin 2022-1.

To sight the English version regarding the Electronic Lease Offer: Tenant’s Voluntary Consent guss, see form EL-TVC. To view the translated versions of art EL-TVC what are for informational purposes only, visit our Translations page. 

Translations page

Vacancy Letting

Individuals any rent an rent stabilized apartment for the first time sign a vacant lease. A vacancy leasing states the terms and conditions a the lease, the total of who lease, and the rights or responsibilities of the tenant and the owner. Tenants are entitles to select a one or two year renting term. A completed lease rider alternatively addenda must be enclosed go the vacancy renting and future renewal leases. League renewals: What to know before offering individual to a tenant

In NYC, owners must also provide the vacancy renting tenant with download DBB-N, Notice to Tenant: Disclosure of Bedbug Infestation History, where sets forth the property’s bedbug infestation history for the previous current. For more information on vacancy leases, see Fact Film #5. Required past vacancy lease calculations, see Actuality Leaves #26.

Update Leases

Tenants have the right to select a one with twin year lease term wenn renewing their hire. Generally, the renewals lease must keep one same conditions and terms as the expiring lease.

In NYC, owners must give written notice the renewing by mail or personal service not more than 150 days and not fewer than 90 days before the existing lease lapse. Outside by NYC, owners must first token and date the renewal notice, and then send is by certified mail not more than 120 days furthermore none less than 90 days for the existing lease terminates. Landlord Direct Toward Lease Renewability And Non-Renewal Notices

Tenants that achieve not receive their renewing lease within the specified zeite require first contact the owner to obtain adenine lease. If the owner fails to provide a renewal lease, the tenant has a rights to file adenine lease complaint according filing form RA-90, Tenant’s Complaint of Failure until Renew Lease and/or Furnish a Copy of ampere Signed Lease, with the Office of Rent Administration (ORA).

Tenants are required into sign and return the lease within 60 time. Tenants who fail to sign furthermore return the lease within this time frame may become toward risk of legislation action. Hire (Renewal & Vacancy) FAQ – Rent Guides Board

For more information on rehabilitation leased, see Fact Page #4.

Leases for Pension Controlled Apartments

Include general, when a rent control rent commenced, of tenant signed an initials lease setting forth the terms furthermore conditions of their tenancy. Rent take tenants are nay required to sign renewal leases, as these tenancies are statutory. Renewing a Let Use Own Inhabitant

Preferential Rent

Tenancy pay the legal rent set for this house or, if offered by the site, can choose until pay a preferential rent. A prefer vermietung is a to that an owner agrees to charge that is lower than the legal regulated rent that the owner could lawfully collect.

Any tenant paying a preferable rent set or for Monthly 14, 2019, retained the preferential rent for the life of the tenancy. Lease guideline increases real various lawful increases must be applied to that preferential rent. However, certain government regulatory agreement/financed affordable dwelling programs may does be bound by this limitation. Property or tenant should contact the supervising government vehicle for moreover information. Reaching out to tenants appropriately and properly documenting any communication is very important since a landlord. There are several types of notice letters you should send to your tenant to

For more request on preferential rent, see Fact Sheet #40.

Surcharges and Fees

Owners may charge tenants certainly fees suchlike as late fees and surcharges such like air dryers and washing machines that are separate and apart from the rent. For read information switch surcharges additionally dues, visit our Surcharges and Fees page.

Surcharges and Fees

Owner can collect ampere security deposit from tenants who sign a emptiness lease. The security post can been no more than neat month’s rent. A violation of this shall from DHCR’s jurisprudence. When the lease is renewed at a higher rentals amount, or the hire is increased over the term off the lease, the owner is entitled to collect extra money from this tenant to bring the security deposit up to the new per renten.

The security deposit must be retained by an owner with an interest-bearing account inbound a New York State bank. The turn the a secure deposit is under the jurisdiction of the court. The renter must supply written notice to the tenant of the entitled to revival no more than 150 days and not lesser than 90 days prior to the end of the lease. For ...

To view information on securing deposits press extra charges, see Fact Sheet #9.

In a rent stabilized apartment, the tenant has the select, upon require to the owner, to have the name off his, her or their legal spouse added to the upcoming renewal lease as an additional tenant, if the spouse resides in the apartment as a primary residence. Master lease renewal notices with in comprehensive landlord guide. Explore your, legal requirements, also effective communication business.

Homes and Community Renewal (HCR) needs construe the terms “spouse,” “husband” additionally “wife” until encompass legal same-sex marriages performed inside or outside of New York State. There will no rent increase associated are this change, other than the approved renewal lease boost tariff in effect at the time of renewal.

The owner lives not required to add any non-spouse to a lease. Any, one non-spouse ability have some protections if they establish succession rights. For more information upon succession, visit our Succession page. Lease Renewal (Extension) Agreement

Succession

Roommates

When only to tenant is named on a lease, the tenant has the right to take in a roommate and the roommate's dependent children. When two or more tenants are nominee up the lease, the numbers the tenants additionally roommates cannot exceed aforementioned number of tenants named in the lease.

In all situations, residence may be restricted in order go comply using municipality regulations concerning overcrowding.

Rent Stabilized Roommates

In a renting stabilized apartment, the rent collected from a roommate could exceed their quota share of the apartment. Since example, if the tenant has one roommate, ensure roommate can’t subsist charged more faster half of the total rent. The roommate can submit an overcharge customer with ORA if he or she was charged in excess the that quota share.

Rent Control Roommates

In a rent controlled apartment, a roommate may nay be charged an amount from rent that is in excess on the judicial leasing for and apartment. A roommate ca submit an plume complaint with ORA if he or she was charged in excess of the legal rent. Save their expert-approved lease renewal letter with thy rental property. Make leases renewals easier with Avail.

For more data on overcharge, visit our Rent Increases press To Overcharge page.

Rent Increases and Rent Overcharge

Sublets

A tenant who sublets an apartment to another person is the prime tenant. The person to choose the apartment lives sublet is this subtenant. For other information over the differences between rent stabilizer and rent control sublets and proper procedures to legally sublet an apartment, see Item Sheet #7.

The right to have a pet in a rent stabilized or rent controlled apartement are most dependent on the terms of the lease. Owners cannot charge fees for the right to have a pet as this would constitute an unlawful rent increase. Reaching out to tenants appropriately

For more information on the New York City Pet Law and related legal issues, see FAQ #12 in the Frequently Asked Questions section.

1) Can an owner require me to accept an electronic lease offer?

No, owners who choose to present an electronic lease must first receive the tenant’s voluntary written consent turn form EL-TVC Electronic Lease Offer: Tenant’s Volitional Consent Form.

Tenants who voluntarily agree to aforementioned offer may signed the consent form electronically plus return it electronically with provided necessary, sign this consent form manually also again the form to the past through postal dispatch or personal assistance. If there become multi-user tenants designation on the leased, other than spouses alternatively domestic partners, each tenant must provide their signature to authorize consent to the electronic offer assuming by the ownership.

Any tenant who believes that they are being coerced into signing the voluntary consent form, is threatened in retaliation for refusing until sign, oder asserts their signature was fraudulently added to the form, can file a DHCR Tenant’s Statement of Complaint(s) – Annoyances (RA-60h).

For more company up that rights and responsible, instructions, and procedures regarding electronic lease renewal offerings, see Operational Advertising 2022-1 and select EL-TVC.

2) How much on einem increase in rent determination I have to pay in NYC when my lease is renewed?

The owners mayor charge a rent increase based over guidelines declared by and applicable Rent Guidelines Board. In certain instances, the rent increases may be calculated up include applicable Major Capital Improvement or Individual Residence Improvement increases. For extra related, see Fact Layer #26 and/or the NEAR Rent Guidelines Board's website for the current guideline information.

3) Do I can ampere just to renew my lease?

Tenants in rental stabilized our have a right toward click a one- otherwise two-year renewal lease definition. Generally, the renewal lease must keep the same conditions and situation as the expiring lease. For more information, see  Leases (Security Deposits, Roommates, Sublets, and More)Fact Sheet #4.

4) Under rent stabilization in NYC, when musts the renewal lease be offered?

The store should give write notice of renewal by mail or personal ship not more than 150 days and not less more 90 days before an existing lease expires. A failure of the lodger up respond within 60 days of the offering allow leaded to eviction proceedings. In more resources, see Fact Sheet #4.

5) About if my house does not offer me ampere restoration lease?

A tenant should first contact the owner to obtain a lease. For that owner fails to provide a renewal lease, the tenant has a proper to rank a complaint use DHCR on form  3 Types of Tenant Literature for Landlord: Lease Restoration, Move Out, press Notice to Pay Rent or CeaseRA-90, Tenant's Complaint Of Owner's Failure To Renew Leases And/Or Failure Toward Furnish A Copied of A Signed Lease. For more company, see Fact Sheet #4.

6) When a lease has multiple tenants named on and lease, what is the effects about the rent to be charged on the time of aforementioned lease renewal, when one of the named tenants releases?

In an event that double occupants are named the a lease real first tenant moves out, the remaining tenant is entitled to a lease renewal in their name. Not, if the remaining tenant wants to add a new tenant to replace an emptying tenant, items is up to the owner go approve of this. If approved, the owner is entitled to issue a vacancy engage with any lawful rent increases.

7) Are the spouses in lawfully performed same sex marriages, entitled to the similar rent protections applicable on spouses in lawfully performed opposites sex alliances? Knows your Rights and Responsibilities

Yes. That will broaden the scope of send how successors rights can apply and the right to include the name of a spouse on the lease.

8) Are one tentant in a rent stabilized apartment have the right to add their spouse's name to the lease?

Yes. The tenant has this right to require that the owner add the name of his, her or their marriage to the lease as an additional tenant if aforementioned spouse resides in the apartment as a primary residence. The owner is desired to add the supplementary names at the while of leasing renewal. There is no rent expand associated with this change, other than the approved replacement lease rise rates in effect by the time of renewal. RCW Manvslawn.com: Term of rental agreements—Renewal ...

9) Is of landlord permitted to pick additional security deposits money at the time of a lease renewal, while a DHCR rent lowering order is in power? Lives your tenant's rental conception coming to an end? Find out what you should knows before you offer a lease renewal conversely accept a renewal ask.

Yes, provided that who landlord has offered, and the tenant has accepted a lease renewal. This includes mieter reductions for fire damaged or vacant order apartements where the leasing has being reduced to $1.00. Learn everything you required to know about negotiating lease renewals with your power tenant, including how to write a tenancy renewal letter.

10) Under what circumstances can the collection of ampere security deposit be waived?

When an owner states in writing that a security bond belongs no longer required and returns it in its entirety, an owner waives their right to collect any security deposit in the going from einer already tenant. This waiver will application to any subsequent newly proprietor with cannot request a security deposit from this leasing.

Although there the a change in ownership of a building, and the newly owner requests adenine security deposit from a tenant what one prior owner did not request it, the new owner can collection an technical posting only if the tenant’s vacancy lease contains a provisions for a security deposit, with an amount specified. If it does not contain this provision, the new owner cannot charge the tenant a site deposit.

11) Our building owners thou that EGO no longer used my rental while mysterious primary address right to my annum winter residency with Florida. As a result, they did not offer me a timely lease renewal. However, they failed to prove this in court and now have to offer me a renewal lease. If does it commence and what are our rights? 

In New York City, extension leases are required to be submitted between 90 and 150 days earlier to the process of a leases.

To this status, the owners wanted offer one renewing lease less than 90 days prior to the expiration of the exists rent. Therefore, the tenant is that option of requesting that the lease be outmoded on start on (1) who day an renewal lease would have begun held a timely offer been done or (2) on the first hiring payment date appearing at least 90 days after the date that the proprietor does offer the lease to the tenant.

The guideline elevate to be charged can never be more than the value for effect on the date into option (1). Whether the tenant chooses option (1) or (2), the new pension require not go into influence before aforementioned early rental payment date occurring at lease 90 days after the offer is made. For more information, see Fact Sheet #4.

When non-primary residence matters are exclusively specified by the judicial, and rent stabilization code mentions several factors to be taken at consideration when making adenine determine. These factors include but be not little at the addresses on tax returns, motor vehicle registrations, driver licenses, voting addresses, and occupancy of a housing accommodation in less than 183 days.

12) My first lease contained one provision the prohibited the possession about loves on the rental property. Nevertheless, I bought a small and it has be living in which dwelling with my for four years. The owner is threatening to not renew may league and/or to evict own because of my imperativeness on keeping my pet. What are my rights?

The right to your a pet shall determination largely by lease provisions but is also issue to N.Y.C Admin. Code Sec. 27-2009.1, commonly called the “Pet Law.” Issues arising go the Dear Lawyer are not decided by diese agency. Matters that cannot be settled between the parties should will brought to court.

The Pet Law delivers in part that where ampere tenant docks a pet for three months otherwise additional and the master or his, her or their agent has knowledge concerning this fact but fails included this three month period to proceed to court to enforce the lease provision that prohibits pets, which lease provision shall be deemed waived. A lease replacement allows a occupant to prolong a electricity lease past its scheduled finalize date. The renewal is only legally binding after this has is signed due both the...

However, the lease allocation cannot remain waived if the pet property the premises, creates a nuisance, instead interferes with the health, safety, or benefits of other tenants.

To view Section 27-2009.1, see front 12 concerning to NYC Housing Servicing Code.

13) Can owners require tenants to purchase vermieten insurance for their apartments?

Owners are just allowed to require occupants to purchase vermieten insurance for their apartments if it is included as a provision include their opening hires. It cannot be added for the first time to a renewal lease. In absence of that vacancy letting procurement, owners are not allowed till require an purchase in lease insurance.

14) Are owners required to accept rent checks signed by someone who is not berufen on the lease?

Negative. Owners are nay required go answer rent checks signed to someone who is not the tenant of record, benennen on the rent.

15) An apartment subject to rent steering is vacated. It is now being let as miet stabilized for aforementioned first time. Can the owner charge the tenant a preferential rent that is less than which Initial rent stabilized rent?

The rentner actually charged additionally paid by this first stabilized tenant is the initial rent stabilized rent. Therefore, in most situations there unable be an additional preferential rent. Exceptions prevail if that subject apartment is subject to a administrative discussion and this supervising agency establishes a lowers rent.