What clauses are required in a New York Lease Agreement?

New York law requires specific provisions including: Security Deposit Limitations (HSTPA 2019), Warranty of Habitability, Termination Notice Requirements. Contract.DIY automatically includes all mandatory clauses with proper legal citations when generating your Lease Agreement.

What terms are prohibited in a New York Lease Agreement?

Under New York law, certain provisions are void or unenforceable, including: Waiver of warranty of habitability; Security deposit exceeding one month's rent. Contract.DIY is built to avoid these terms and will warn you if your description suggests including something that's not legally permissible.

How does Contract.DIY ensure my Lease Agreement complies with New York law?

Every generated contract goes through 10 automated compliance checks specific to New York. These cover mandatory provisions, prohibited terms, proper citations, and formation requirements. Any issues are flagged before you download.

Can I use this Lease Agreement template outside of New York?

This template is specifically tailored to New York law. Using it in another jurisdiction may result in missing requirements or including provisions that don't apply. We recommend generating a new contract with the correct jurisdiction selected for full compliance.

New York Lease Agreement — Free Template Generator

Key legal considerations

You are generating a New York residential lease agreement. KEY RULES: (1) Security deposit is capped at ONE MONTH'S RENT (HSTPA 2019, Real Prop. Law § 7-108). Must be held in an interest-bearing account. Return within 14 days with itemized statement. (2) Warranty of habitability (Real Prop. Law § 235-b) is NON-WAIVABLE. (3) Notice periods: 30 days (<1 year), 60 days (1-2 years), 90 days (>2 years) per Real Prop. Law § 226-c. (4) NYC: Rent stabilization may apply — if so, include DHCR rider with rent history. (5) Late fees limited to $50 or 5% of rent (whichever is less), only after 5+ days late (HSTPA, Real Prop. Law § 238-a). (6) Lead paint disclosure for pre-1978 buildings (federal + NYC Local Law 1). (7) NYC requires specific lease riders. (8) HSTPA eliminated vacancy decontrol and vacancy bonus for rent-stabilized units.

What's required

Mandatory clauses for a valid lease agreement under New York law.

Security Deposit Limitations (HSTPA 2019)
NY Real Prop. Law § 7-108 (as amended by HSTPA 2019); NY Gen. Oblig. Law § 7-103
Warranty of Habitability
NY Real Prop. Law § 235-b; Park West Mgmt. Corp. v. Mitchell, 47 N.Y.2d 316 (1979)
Termination Notice Requirements
NY Real Prop. Law § 226-c (HSTPA 2019)
Rent Stabilization Notice (NYC)
NYC Admin. Code § 26-501 et seq.; 9 NYCRR § 2522.5
Lead Paint Disclosure
42 U.S.C. § 4852d; NYC Local Law 1 of 2004

What's prohibited

Terms and provisions that are void or unenforceable under New York law.

Waiver of warranty of habitability
The warranty of habitability under NY Real Property Law § 235-b is non-waivable. Any lease provision purporting to waive this warranty is void.
NY Real Prop. Law § 235-b
Security deposit exceeding one month's rent
The HSTPA (2019) limits security deposits to one month's rent for all residential tenancies. Additional deposits, fees, or charges used to circumvent this limit are prohibited.
NY Real Prop. Law § 7-108 (HSTPA 2019)
Late fee exceeding $50 or 5% of monthly rent
Under the HSTPA, late fees for rent-stabilized tenants cannot exceed $50 or 5% of the monthly rent (whichever is less). Late fees cannot be charged until the rent is 5 or more days overdue.
NY Real Prop. Law § 238-a (HSTPA 2019)

Legal references

Key statutes and regulations that govern lease agreements in New York.

New York Real Property Law
NY Real Prop. Law §§ 220–238-a
Governs landlord-tenant relationships in New York, including lease terms, security deposits, and tenant protections.
Housing Stability and Tenant Protection Act (HSTPA 2019)
2019 NY Laws Ch. 36 (HSTPA)
Major 2019 tenant protection reform: limits security deposits to one month, eliminates vacancy decontrol, strengthens rent stabilization, and creates new notice requirements.
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NYC Rent Stabilization Law
NYC Admin. Code § 26-501 et seq.
NYC rent regulation law governing rent increases, lease renewals, and tenant protections for stabilized apartments.
General Obligations Law § 7-103 (Security Deposits)
NY Gen. Oblig. Law § 7-103
Requires landlords to deposit security deposits in interest-bearing accounts and establishes rules for return of deposits.