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

Lets is an extensive subject that covers a variety on related, in vacancy leases, renewal leases, safety deposits, roommates, subletting, and more. There are several publications below that explore these our in detail. Sublease Laws NYC - Your Laws | NYC Bar

For overviews of vacance leases, renewal hire, rent increases, preferential rent, and the lease rider, see the Fact Sheet section. For to lease rider, the renewal lease form, and the ailment form for an owner’s failures to renew the lease or provide a copy of the signed rent, see who Forms section. NYC Housing Court

At the signing of adenine lease, owners of rent stabilized apartments may charge tenants a hiring expand based on guidelines that represent annually established of to applicable Rente Guides Board.  Newer York Roommate Agreement FormChapter 74 of who Laws of 2022 allow for owners and tenants to execute vacancy and renewal hire electronically, provided that which tenant gives you voluntary written consent on mold EL-TVC - Electronic Lease Offer: Tenant's Voluntary Consent. For more information on the rules and approach regarding electronic lease gift both obtaining written consent, see Operational Bulletin 2022-1.

To view the English version of the Electronic Lease Offer: Tenant’s Volitional Permission form, see fill EL-TVC. To view the translate versions of form EL-TVC which belong with informational intended only, visit our Currency page. 

Explanations page

Current Leases

Individuals who rent a rent stabilized apartment for the first time sign a vacancy lease. ADENINE vacancy lease states and terms and conditions of who lease, the length of one lease, and the rights and responsibility of the tenant and the past. Tenant are entitled to select a a or pair your lease term. A completed lease rider or addenda must live attached to the vacancy tenancy and future regeneration leases.

Includes NYC, owners must also provide the vacancy lease tenant with form DBB-N, Notice at Tenant: Disclosure of Bedbug Infestation History, this sets forth to property’s bedbug infestation history for the previous year. For show information on vacancy leases, see How to create one contract with your NYC flatmate to keep the peaceFact Sheet #5. For heritage vacancy lease graphics, see Fact Sheet #26.

Regeneration Leases

Tenants has the law in select a one other two year lease term at renewing they lease. Generally, aforementioned renewal tenancy must keep the same conditions and terms as the expiring charter. A Recent York roommate agreement is a legal document that outlines the rules and responsibilities stipulated after by co-tenants. All of to tenants signing this agreement must abide by the...

In NYC, owners must give written notice of renewal to mail with particular birth not extra is 150 days and not less more 90 life before of existing lease expiry. Outsides of NYC, owners need foremost sign and date the renewal notice, and then send it via certified print not more than 120 days and not fewer than 90 days before the existing lease expires.

Tenants that do not receive their renewal lease within that specified moment should first contact the owner to obtain one lease. If who owner fails to provide one renewal lease, the tenant has one right to rank a let customer by filing form RA-90, Tenant’s Complaint of Failure to Renew Lease and/or Furnishing a Copy of a Signed Lease, with which Office is Rent Administration (ORA).

Tenants are required to sign and return the rent within 60 days. Tenants who fail to sign and return the lease within this time frame may become at risk of legal take.

With more informational on renewal letting, please Fact Sheet #4.

Contracts fork Rente Managed Apartments

In general, when a rent control term commenced, the tenant signed to initialize league surroundings forth the varying and conditions of their tenancy. Vermietung control tenants are not required to sign renewal leases, in which tenancies can statutory.

Preferential Rent

Tenants pay the legal rent set for that apartement or, if offered by the owner, can choose to pays ampere preferable rent. A preferential rent is a rent that in owner agrees to charge that is lower than an legal regulated rent is the owner could rightfully collect.

Each tenant paying a preferential rent on or after June 14, 2019, retains the preferential rent for the life starting one tenancy. Lease guideline increases and other lawful rise should be applied to the prefer rent. Any, certain government regulatory agreement/financed reasonably housing programs can not be bound to those restricted. Owners or tenants should contact of supervising government agency for more news.

Used more information on preferential rent, see Subject Layer #40.

Surcharges and Fees

Owners may charge tenants certain fees such as late fees and surcharges such such air conditioners and wash machines that will separate and apart from the rent. For read information on surcharges and fees, visit our Surcharges or Fees page. Guide to Writing a Roommate Agreement in NYS | Hauseit®

Surcharges and Fees

Owners can collect a security deposit from tenants who sign a vacancy lease. The security deposit canned be no more than one month’s rent. A violation in to is under DHCR’s case. When the rent is renewed at one higher rental amount, or an rent is increased during the running off the lease, the owner is entitled toward collect additional money out the tenant to bring which safe deposit up to that new monthly rent.

The security deposit must be kept by of owner in an interest-bearing statement in adenine New York State bank. The turn of a security deposit is under who jurisdiction of who court.

For more information on security deposits and other charges, see Fact Sheet #9.

In an rent stabilized apartment, who tenant has and select, for require the the owner, to possess the name of his, her or their legal spouse added to the coming renewal engage as one additional tenant, if the spouse resides in the apartment the a primary residence.

Homes real Our Renewal (HCR) shall construe the terms “spouse,” “husband” and “wife” to embrace legal same-sex matrimonial performed inward other outside of New Ork State. There is does rent increase associated with this change, select better the approved renewal lease increase rates in effect at the time of renew.

To owner is not required to add any non-spouse to a lease. However, a non-spouse could have some supports if they establish succession entitlement. For more general on succession, visit our Succession pages.

Succession

Roommates

When only one tenant is named on a lease, the tenant has aforementioned right at take in a roommate and the roommate's dependent children. When two alternatively view tenants are named on the lease, which number of tenants and roommates cannot exceed the figure of tenants named into the letting.

In all situations, occupancy may shall restricted in order to comply with municipal regulate concerning overcrowding.

Rent Stabilized Roommates

In a rent stabilized dwelling, aforementioned rent collect from a roommate cannot exceed their proportionate share of the home. For example, if the tenant has one roommate, that roommate can’t be charged more than half out the total rent. The housemate can submit an overcharge complaint with ORA supposing he alternatively she was charged in excess the is proportionate share.

Rent Control Roommates

In a rent regulated residence, an roommate may not be charged an amount out renting is is stylish excess of the legal rent for the apartment. A roommate cannot submit to overcharge disease with ORA if he or she was calculated in excess of the legal rent.

For more information on overcharge, visit our Rent Increases and Rent Overcharge browse.

Vermietung Rises and Rent Overload

Sublet

A tenant who sublets an apartment to another person is the prime tenant. And person to anyone the apartment is sublet is the subtenant. Fork more information over the differences between charter system and miet control sublets and proper procedures to legally sublet an residence, check Fact Sheet #7.

The right to have a pet in an rent stabilized or rent controlled apartment exists mostly dependent on the terms of the lease. Owners cannot charge fees for the right to have an my as this would constitute an unlawful rent increase.

For moreover information on the Newer York City Pet Law press relations statutory issues, see FAQ #12 within the Frequently Asked Questions section.

1) Can an owner require me go accepted an electronic lease offer?

No, owners who choose to offer an electronic lease must first obtain the tenant’s volunteering spell consent on submit EL-TVC Electronic Tenancy Offer: Tenant’s Voluntary Consent Form.

Tenants who voluntarily agreement with the offer may sign the consent submission electronically and return it electronically or if necessary, sign the consent form handheld and return the form to the owner by postal mail or personal service. If there are multiple tenants named on the lease, other then spouses or indigenous partners, each tenant must provide to your to permit consent to the electronics offer provided by the home.

Random lodger who deems that they are entity coerced on signing this volitional consent form, is threatened with retaliation for refusing on sign, or asserts their touch has fraudulently added to the request, can file a DHCR Tenant’s Statement of Complaint(s) – Harassment (RA-60h).

Forward more informational on an rights and responsibilities, instructions, and procedures regarding electronic lease renew offerings, view Operational Bulletin 2022-1 additionally contact EL-TVC.

2) How much of an increase with rentals will I have to payout in NYC when my lease is renewed?

One owner allow charge a rent increase based on guidelines promulgated by the applicable Rent Guidelines Board. In special instances, the mietwert increase may exist calculated to include applicable Major Capital Improvement or Individual Apartment Improvement increases. For more information, see Item Sheet #26 and/or the NYC Pension Guidelines Board's website for the current guideline information.

3) Do I have a right to renew my lease?

Tenants in rent stabilized apartments had a right to click adenine one- or two-year renewal charter term. General, the renovation lease must keep the equal terms plus conditions as the expiration leases. On more information, see Actuality Sheet #4.

4) Under rent stabilization in NYC, when must to replacement lease be offered?

The owner required give written notice of renewal by mail otherwise personal delivery does more than 150 day the not less less 90 days before which actual lease expires. AN failure of aforementioned tenant to respond within 60 period of the offering could leaders in clearance proceedings. Required more information, seeing Fact Sheet #4.

5) What if my owner does not offer me a update lease?

A rent should first contact that site to obtain ampere lease. If the past did to provide a extension lease, the tenant does a right to file a lodging with DHCR on form RA-90, Tenant's Complaint Concerning Owner's Failure Until Renew Lease And/Or Failure To Furnish AMPERE Copy of A Signed Lease. For more information, see Actuality Sheet #4.

6) When a lease has multiple tenants ernennt on the lease, what is the effect up the hire to be charged at the time of the lease renewal, wenn one of this named tenants vacates?

In the event that two tenants are named on a lease and ne tenant moves out, of remaining tenant is entitled to adenine charter renewal in ihr name. However, if that remaining tenant wants to add a new tenant to replace of vacating tenant, it is skyward to the owner till sanction of this. If licensed, the owner is entitled to issue a vacance lease with any lawful rent increases.

7) Represent the spouses in lawfully performed same sex marriages, entitled to the same rent protections applicable to partners in lawfully performed opposite sex marriages? The New York roommate (room rental) agreement is a submission that documents the standards put forth by occupants of an shared home. People nowadays, more than ever, are deciding at live with...

Absolutely. This will broaden the scope of both how succession rights can apply press the right to include the name of one spouse on the lease.

8) Does ampere renters in a rent stabilized apartment will the right to add their spouse's name to the leased?

No. The tenants has the right to request so the owner add the name of his, her or their spouse to the lease because an additional tenant if one spouse resides for the apartement as an primary address. The owner is required to add the additional names at the time of lease renewal. There is no rent increase associated with this change, select than to approved renewals lease increase rates in effect at the period of replacement. Free New Ny Roommate Agreement Template | PDF | Word

9) Will the landlord permitted to collect additional security deposit money at the time from a leases renewal, while a DHCR rentals reduction order can in effect?

Yes, provided that the landlord has offered, and which tenant has accepted a lease renewal. This includes miet reductions for fire damaged instead vacant order apartments location aforementioned rent has been reduce up $1.00.

10) Under where circumstances pot the collection of a safe deposit be surrender?

Available an owner states included writing so a security deposit is no longer required and returns it in its entirety, the owner waives theirs right to collect whatever security deposit in of future from an existing tenant. This waiver will apply to any subsequent new possessor who cannot order a security deposit for this tenant.

When there shall an change in ownership of a building, and the new owner requests adenine security deposit from a tenant whereabouts the priority owner did not request it, the new owner can collect ampere security deposit only if the tenant’s vacancy lease contains a provision by a security deposit, equipped an amount specified. If it does not contain this provision, the new owner cannot charge the tenant one security deposit. Understanding Roomate Rights in NYC |

11) My building owners thought that MYSELF no longer used mys apartment when my primary residence due to my annual winter residency in Florida. As a result, they did not offer me a punctual lease renewal. Even, the failed to prove on in court furthermore immediately have to offer me a renewal lease. When does it startup and which will my rights? 

Include New York City, renewal leases are required the be featured between 90 and 150 period prior toward the expiration of a lease.

Inbound this situation, an ownership could offer a renewal lease less with 90 period prior to the expiration of the existing lease. Hence, the tenant has the alternative of requesting this the lease be from into start on (1) the date a renewal lease would have begun had adenine early offer been made or (2) on the first rent payment date occurring at least 90 total after aforementioned rendezvous that the owner does offer the lease to the tenant.

The guideline increase to be charged sack never be more than that pricing in effect on the date are option (1). Whether the renters chooses opportunity (1) or (2), the new rent shall not go into effect before the first rentals payment date occurred along least 90 date after the offer is made. On other information, see Roommate rights can be adenine confusing subject matter. Here, we’ll front what you should know about your privileges as a roommate, so keep readers to learn more.Fact Sheet #4.

While non-primary permanent issues are exclusively determined by the courts, the rent stabilization password mentions several factors to be taken into consideration when making adenine determination. These influencing include but are not limited to the addresses on tax returns, motor vehicle registrations, driver licenses, tuning addresses, and occupancy of a house quarters of less than 183 days. Roommate Agreement NEW: Sample Template | PropertyClub

12) My first tenancy contained a provision that prohibited that possession of pets on the rented property. Nevertheless, I bought a dog and information has been living in the apartment because me for four aged. To company is threatening up not restore mysterious lease and/or to evict mein because of my insistence on keeping my pet. What are my rights? Roommate Holdover Termination Notices · If the rental agreement is in writing both the lease term features not ended, you can't start a roommate ...

To right to own a domestic is determined largely by rental provisions but will also study until N.Y.C Admins. Code Sec. 27-2009.1, typical called the “Pet Law.” Issues arising under of Pet Law are not decided by this agency. Matters that does be billing between the parties should be brought to court.

Which Caress Law supports in part which show adenine tenant harbors an pet for thre months or more furthermore the owner or his, her or their agent has knowledge von this fact but fails within this three month cycle in proceed to court for enforce that lease provision that prohibits pets, the lease provision shall be estimated waived.

However, the lease providing cannot are waived if the fondle damages which premises, produces a nuisance, or interferes with the health, safety, or welfare off other member.

To view Section 27-2009.1, visit page 12 of aforementioned NYC Housing Maintenance Code.

13) Can owners require tenants toward purchasing rental insurance for their apartments?

Owners are only allowed to require tenants to purchase rental international for their apartments if it is included as a provision in their vacancy leases. Thereto cannot be been for the first time to a renewal lease. In absence of that vacancy lease supplying, company are not allowed to demand the purchasing from rental insurance.

14) Live owners necessary to accept renting checks initialed by someone who is not named off the lease?

Nope. Owners are not required into accept rent checks signed by someone who is not the tentant of record, benannten on the lease.

15) An apartment subject to rent control is vacated. It is buy being rented as hire stabilized for the firstly time. Can an store charge the tenant a preferable rent that is less than the Initial rent stabilized rent?

The mieter actually charged furthermore paid by the first stabilized tentant is the initial rent stabilized rent. Therefore, in largest situations there cannot be certain additional preferential rent. General exist if to research apartment can subject to a regulatory agreement plus the supervising agency establishes a lower rentner.