The landlord may recover a reasonable compensation for the use and occupation of real property, by any person, under an agreement, not made by deed; and a parol lease or other agreement may be used as evidence of the amount to which he is entitled.
Rent due on a lease for life or lives is recoverable by action, as well after as before the death of the person on whose life the rent depends, and in the same manner as rent due on a lease for years.
Where a tenant for life, who shall have demised the real property, dies before the first rent day, or between two rent days, his executor or administrator may recover from the under-tenant the proportion of rent accrued before such death.
The grantee of leased real property, or of a reversion thereof, or of any rent, the devisee or assignee of the lessor of such a lease, has the same remedies, by entry, action or otherwise, for the non-performance of any agreement contained in the assigned lease, for the recovery of rent, for the doing of any waste, or for other cause of forfeiture as his grantor or lessor had, or would have had, if such reversion had remained in him.
In the absence of an express provision to the contrary, there shall be implied in every lease of real property a condition that the lessor will deliver possession at the beginning of the term. In the event of the breach of such implied condition the lessee shall have the right to rescind the lease and to recover the consideration therefor paid and, in addition, shall have the right to recover the difference between the agreed rent and the fair rental value for the period during which the lessor is in default.
No landlord of premises containing at least three residential dwelling units shall serve a notice to quit upon any tenant or commence any action to recover real property in retaliation for: (a) a good faith complaint to a governmental authority of a housing code or health/safety violation; (b) actions taken to secure rights under the lease or applicable law; or (c) participation in a tenant organization. A rebuttable presumption of retaliation exists if adverse action occurs within six months of a protected activity. Remedies include actual damages or up to $5,000, injunctive relief, and attorneys' fees.
The attornment of a tenant to a stranger is absolutely void and does not in any way affect the possession of the landlord unless made with the consent of the landlord, or to a person entitled to the reversion after the determination of the landlord's estate, or made pursuant to and in consequence of a judgment or order of a court of competent jurisdiction.
Where a process or summons in an action to recover the real property occupied by him, or the possession thereof, is served upon a tenant, he must forthwith give notice thereof to his landlord or his agent, or forfeit to the landlord his rights to any claim which he might otherwise have against the landlord for quiet enjoyment of the property.
The surrender of an under-lease is not requisite to the validity of the surrender of the original lease, where a new lease is given by the landlord at the same time to the same tenant; but in such case the under-tenant holds under the new lease the same estate as under the original lease.
Unless otherwise expressly agreed, where a tenant has a right to remove fixtures or improvements, such right shall not be lost or impaired by reason of a renewal or extension of the original lease, but such right shall be exercisable within a reasonable time after the expiration of the renewal or extended term.
A tenant renting a residence in a dwelling with four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord, which consent shall not be unreasonably withheld. The tenant must provide written notice by certified mail with details of the proposed subtenant. The landlord has 30 days to consent or deny with reasons; failure to respond is deemed consent. The tenant remains liable for rent and lease obligations throughout any sublease.
A landlord who intends to increase rent by 5% or more, or to not renew a residential tenancy, must provide advance written notice: (a) 30 days for tenants residing less than 1 year; (b) 60 days for tenants residing 1–2 years; (c) 90 days for tenants residing more than 2 years. Notice is served by personal delivery or first class and certified mail. If the landlord fails to provide required notice, the tenant may remain at the existing rent for the notice period.
Where any building which is leased or occupied is destroyed or so injured by the elements or any other cause as to be untenantable and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession, and is not liable for rent subsequent to the surrender. Prepaid rent shall be adjusted to the date of surrender.
A tenant age 62 or older, or a person with a disability, may terminate a residential lease upon written notice if: (a) relocating to a residential care, adult care, or assisted living facility; (b) requiring care in a nursing home; (c) moving to qualifying senior housing; or (d) moving to a family member's residence. Termination is effective 30 days after the last day of the calendar month following notice. Prepaid rent is prorated to termination date.
A residential tenant age 62 or older, or a person with a disability, who enters a lease for an independent living facility not providing care services, may terminate the lease upon written notice if the tenant must vacate to receive medical care in a hospital, nursing home, adult care facility, or assisted living residence. Termination is effective 30 days after the end of the calendar month in which notice is given. Unearned prepaid rent must be refunded within 10 days after the effective termination date.
A tenant who is a victim of domestic violence as defined in Social Services Law § 459-a may terminate a residential lease upon written notice accompanied by either a valid order of protection or a qualified third-party statement confirming victim status. Termination is effective on the date designated by the tenant, not more than 30 days from notice. Prepaid rent is adjusted to termination date. No fees or penalties may be charged. The landlord must keep the tenant's exercise of this right confidential.
No landlord shall refuse to rent to a person because such person is or has been a victim of domestic violence, or because such person has previously terminated a lease under § 227-C. Violations result in actual damages plus a civil penalty up to $2,000 per violation, plus reasonable attorneys' fees. Landlords may still decline unqualified applicants and may evict for just cause unrelated to domestic violence status.
A landlord of residential property shall have a duty to mitigate damages if a tenant vacates in breach of the lease. The landlord must make reasonable and customary efforts to re-rent the vacated unit at fair market value or at the contract rent, whichever is lower. The burden of proof that the landlord failed to mitigate is on the tenant.
No landlord shall refuse to rent to a prospective tenant on the basis that such person has previously been involved in a housing court proceeding or has an adverse housing court record, unless there has been a judgment against such tenant within the immediately preceding three years. Violations carry a civil penalty of $500–$2,500 per violation.
A tenancy at will or by sufferance may be terminated by written notice of not less than 30 days, served in the manner prescribed in RPAPL § 735. For tenants who have resided in the premises for more than one year, 60 days' notice is required. For tenants who have resided in the premises for more than two years, 90 days' notice is required.
If a tenant gives notice of his intention to quit the premises and does not do so at the time specified, he shall be liable to the landlord for double the rent for the time he continues to hold, to be recovered in the same manner as rent in arrear.
No landlord shall interfere with the right of a tenant to form, join or participate in the lawful activities of any group, committee or organization formed to protect the rights of tenants; nor shall any landlord harass, punish, penalize, diminish, or withhold any right of a tenant for exercising such right. Aggrieved tenants may seek injunctive relief, damages, and attorneys' fees.
Whenever the lessee or occupant of any building or premises uses or occupies the same for any illegal trade, manufacture or other business, the lease or agreement shall thereupon become void and the landlord may re-enter the premises. Any landlord who knowingly leases premises to be used wholly or partly for any illegal trade, manufacture or business shall be liable to any person who suffers damage as a consequence of such illegal use.
Every residential lease shall provide conspicuous notice in bold face type as to the existence or non-existence of a maintained and operative sprinkler system in the leased premises or in the building, and whether such sprinkler system has been inspected and maintained within the past year. Such notice shall be given at or before execution of the lease.
Prior to signing any lease, a landlord shall disclose in writing: (a) whether the premises have experienced flooding to the landlord's knowledge; (b) whether any portion of the premises is within a FEMA Special Flood Hazard Area or moderate flood hazard area; and (c) any other flood risk information required by DHCR. Failure to disclose, where flooding later damages the tenant, entitles the tenant to rent abatement or lease rescission with full prepaid rent refund.
Every residential lease or renewal lease shall contain a bold-face notice in at least 12-point type informing tenants that if the building is covered by the Good Cause Eviction Law, the landlord may not refuse to renew the lease or evict the tenant without good cause. The notice must include where tenants can determine if the building is subject to Good Cause Eviction Law coverage. Failure to include notice does not affect lease validity.
An agreement for the occupation of real estate in the city of New York which does not specify the duration of the occupation shall be deemed to continue until the first day of October next after possession commences; and a notice to remove given before the first day of October to take effect on that day shall be sufficient to terminate the tenancy.
No monthly tenancy or tenancy from month to month in the city of New York may be terminated by a landlord without giving 30 days' notice to the tenant served under RPAPL § 735. For tenants residing more than one year, 60 days' notice is required. For tenants residing more than two years, 90 days' notice is required. If the landlord fails to give required notice, the tenant may remain at the existing rent for the full notice period.
A monthly tenancy or tenancy from month to month outside the city of New York may be terminated by either party with at least one month's notice before the expiration of the term. For tenants residing more than one year, 60 days' notice is required. For tenants residing more than two years, 90 days' notice is required. Notice must be given within the calendar month preceding the termination month.
Where a tenant whose term is longer than one month holds over after the expiration of such term, the landlord may proceed to remove the tenant or may elect to hold the tenant as a month-to-month tenant upon the same terms and conditions as the last month of the preceding term. If the landlord accepts rent from such tenant after the lease expires, such acceptance constitutes an election to hold the tenant as a month-to-month tenant.
Manufactured home park landlords may not: charge undisclosed fees; discriminate on protected bases; require purchase from specific vendors; or unreasonably restrict guest access. All tenants must receive a written lease for a minimum of one year (unless tenant requests shorter). Landlords must provide 90 days' written notice of rule changes, maintain park roads, utilities, and common areas, and may not evict except for non-payment, rule violations after written notice, or conversion to other use after 90 days' notice to all tenants.
Before offering a manufactured home park for sale, the owner shall notify all tenants by certified mail at least 90 days before any sale. Tenants have a right of first refusal to purchase the park and must exercise this right within 60 days of notice. Tenants may form an organization to collectively exercise this right. Any sale made in violation of this section is voidable at the tenants' election.
A landlord of a manufactured home park must provide at least 90 days' written notice before increasing any tenant's rent, stating the amount of the increase and the effective date. Disputes over rent increases may be submitted to the Division of Housing and Community Renewal (DHCR) for reasonableness determination. Any increase failing to comply with the 90-day notice requirement is void and unenforceable.
A 'campground' is a privately owned area with 10 or more sites for tents, recreational vehicles, or other camping units. Owners must provide each occupant with a written statement of rules, fees, and permitted occupancy duration. Occupants may only be evicted for rule violations, non-payment, or expiration of the permitted occupancy period. No discrimination on the basis of race, creed, color, national origin, sexual orientation, military status, sex, or disability.
Where a residential cooperative building sits on land subject to a ground lease owned by others, the cooperative corporation has a right of first refusal to purchase the ground lease on terms no less favorable than those offered to any third party. The ground lease holder must provide 90 days' certified mail notice to the cooperative before any sale. The cooperative has 60 days after notice to exercise its right. A transfer made in violation of this section is voidable at the cooperative's election.
Whenever a residential lease provides that the landlord may recover attorneys' fees from the tenant in any action or summary proceeding, there is implied a reciprocal covenant requiring the landlord to pay the tenant's reasonable attorneys' fees as determined by the court. This implied covenant applies regardless of which party prevails, and the amount is a lien upon the landlord's rent claim.
No landlord may demand or receive from a residential tenant any fees in connection with the negotiation, preparation, or execution of a lease, including attorneys' fees or broker's fees, except as specifically permitted by law. Application fees are capped at the lesser of $20 or the actual cost of the background/credit check. Any unauthorized fees are void and recoverable by the tenant with attorneys' fees.
Any landlord who wilfully violates or fails to comply with any provision of Article 7 of the Real Property Law shall be guilty of a class B misdemeanor.
Where a landlord receives payment from a governmental agency on behalf of a tenant for use and occupation but fails to apply it to the tenant's rent, the tenant may offset such payment against future rent. Where a tenant has paid rent that the landlord fails to properly apply, the tenant may recover such payment plus reasonable attorneys' fees.
In every written or oral residential lease, the landlord covenants and warrants that the premises and common areas are fit for human habitation, for the uses reasonably intended by the parties, and that occupants will not be subjected to conditions dangerous, hazardous, or detrimental to life, health, or safety. Conditions caused by tenant misconduct do not constitute a breach. Any lease waiver of this warranty is void as against public policy. Tenant remedies include rent abatement, repair-and-deduct, and lease termination.
Prior to executing a residential lease, the landlord must disclose whether a certificate of occupancy (CO) has been issued for the building or unit, if required by law, and whether it is currently in effect. If the landlord fails to disclose the absence of a required CO, and the tenant later discovers this, the tenant may terminate the lease and recover all prepaid rent from the landlord.
If the court finds a lease or any clause thereof to have been unconscionable at the time it was made, the court may: refuse to enforce the entire lease; enforce the remainder without the unconscionable clause; or limit the application of the unconscionable clause to avoid an unconscionable result. Parties must be given a reasonable opportunity to present evidence on commercial setting, purpose, and effect.
It is unlawful for an owner to harass a residential tenant. Harassment includes: using or threatening force or violence; interrupting or discontinuing essential services; making false statements to induce vacancy; removing tenant's personal property; commencing repeated baseless legal proceedings; refusing to perform necessary repairs; or engaging in conduct that interferes with the tenant's comfort, repose, peace, or quiet. Remedies include actual damages, punitive damages up to $10,000 per violation, injunctive relief, and attorneys' fees.
A landlord must provide a written receipt to any tenant who pays rent in cash, by personal check, money order, or any form other than electronic payment, within 15 days of receiving such payment. The receipt must state the amount paid, date received, period covered, and the name of the person receiving payment. Failure to provide a receipt entitles the tenant to a $50 penalty plus actual damages per violation. Electronic payment must also be confirmed in writing within 15 days.
It is unlawful for a landlord to restrict residential occupancy by express lease terms or otherwise to the tenant and their immediate family only. An 'occupant' is a person other than the tenant or immediate family who occupies the premises with the tenant's consent. Landlords may not increase rent or otherwise penalize tenants for having permitted occupants. Lease provisions violating this section are null and void. Violations carry a civil penalty of at least $1,000.
A landlord shall not require a lessee or tenant to use an electronic billing and/or payment system as the sole method for billing and/or payment of rent. Any lease provision requiring electronic payment as the only payment method is null and void. Voluntary agreements to use electronic payment systems as one available option remain permissible.
Any lease provision that purports to waive a tenant's right to bring a declaratory judgment action in court to determine the rights and obligations of the parties under the lease shall be null and void as against public policy. This does not affect post-dispute arbitration agreements entered into after a dispute has arisen.
A landlord shall not charge a tenant a fee for reproducing keys to the dwelling unit that exceeds the reasonable cost of reproduction, and in no event more than $50 per key. Any fee exceeding this amount is recoverable by the tenant with reasonable attorneys' fees.
Every landlord of a multiple dwelling must provide each new tenant signing a vacancy lease with a written disclosure — in a DHCR-approved form — of the bedbug infestation history of the unit and the building for the prior one-year period. Disclosure must include: current infestation status; last inspection date; whether bedbugs were found; and what treatment was performed. Violations carry a civil penalty of $250–$1,000 per violation plus actual damages.
The executor or administrator of the estate of a deceased residential tenant has the right to assign the tenant's lease, subject to the landlord's approval, which shall not be unreasonably withheld. The landlord's approval of the assignment does not relieve the estate from liability for rent accrued prior to the assignment.
The executor or administrator of the estate of a deceased residential tenant may terminate the tenant's lease upon giving 30 days' written notice to the landlord, accompanied by a certified copy of letters testamentary or letters of administration. The estate shall not be liable for any rent accruing after the expiration of the 30-day notice period.
Any person owning or operating an apartment house, tenement, or mobile home park who refuses to rent to any person otherwise eligible solely because that person has or is expected to have children, or who inserts a lease provision excluding children from the premises, shall be guilty of a Class A misdemeanor. This section does not apply to senior citizen housing.
Any person owning or operating an apartment house, tenement, manufactured home park, or other dwelling who refuses to rent or offers discriminatory rental terms because a person has or expects children is guilty of a Class A misdemeanor and liable for a civil penalty of at least $200 for the first violation and at least $500 for each subsequent violation. Exemptions apply to qualifying senior citizen housing. Aggrieved persons retain all other legal remedies.
No person shall make any agreement giving any person the exclusive privilege of selling or delivering fuel, ice, or food to occupants of a tenement house, apartment house, or bungalow colony in consideration of any payment to the owner or manager of such building. Any person — owner or dealer — who pays or receives money for such a privilege is guilty of a Class B misdemeanor.
A residential landlord may only charge tenants: (1) rent; (2) a refundable security deposit not exceeding one month's rent; (3) an application/background check fee not exceeding the lesser of $20 or actual cost; and (4) a returned check fee not exceeding $20. Late fees may only be charged if rent is at least 5 days past due, the lease authorizes it, and the fee does not exceed the lesser of $50 or 5% of monthly rent. All unauthorized fees are void and recoverable by the tenant with attorneys' fees and court costs.
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