NEW YORK RESIDENTIAL LEASE AGREEMENT

[// GUIDANCE: This template is drafted to comply with New York State landlord-tenant statutes, including the Housing Stability and Tenant Protection Act of 2019. Bracketed fields must be customized. Remove guidance comments before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibit A – Move-In/Move-Out Inspection Checklist

1. DOCUMENT HEADER

RESIDENTIAL LEASE AGREEMENT (the “Agreement”) made as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [STATE] [individual/limited liability company/corporation] (“Landlord”), and [TENANT FULL LEGAL NAME] (“Tenant”).

Recitals
A. Landlord is the fee owner of the residential real property located at [STREET ADDRESS, CITY, STATE, ZIP] (the “Leased Premises”).
B. Tenant desires to lease, and Landlord desires to let, the Leased Premises on the terms and conditions set forth herein, for lawful residential purposes only.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows.

Governing Law: This Agreement is governed by the laws of the State of New York, including but not limited to the New York Real Property Law, Real Property Actions and Proceedings Law, and General Obligations Law.

2. DEFINITIONS

For ease of reference, capitalized terms used herein have the meanings set forth below:

“Additional Rent” – Any monetary obligation other than Base Rent payable by Tenant to Landlord under this Agreement.

“Base Rent” – The recurring rental payment due under § 3.2.

“Building” – The structure(s) in which the Leased Premises is situated, together with all common areas.

“Commencement Date” – The first day of the Term as specified in § 3.1.

“Event of Default” – Any event described in § 6.1.

“Lease Year” – Each twelve-month period beginning on the Commencement Date or an anniversary thereof.

“Leased Premises” – The dwelling unit identified in the Document Header and further described in § 3.1.

“Security Deposit” – The sum described in § 3.3, held in accordance with N.Y. Gen. Oblig. Law §§ 7-103–7-108.

“Term” – The period during which Tenant is entitled to possession, as provided in § 3.1.

[// GUIDANCE: Add additional definitions as needed.]

3. OPERATIVE PROVISIONS

3.1 Term and Possession
(a) Commencement Date: [DATE]
(b) Expiration Date: [DATE]
(c) This Agreement shall automatically terminate on the Expiration Date unless earlier terminated in accordance herewith. Any holdover shall create a month-to-month tenancy subject to all terms herein and a rent increase to [HOLDOVER RATE OR %].

3.2 Base Rent
Tenant shall pay to Landlord Base Rent of $[AMOUNT] per month, in advance, on or before the [DAY] day of each calendar month. Rent shall be paid by [METHOD – e.g., ACH, check] to [PAYEE INFORMATION]. If the Commencement Date is not the first day of a month, the first month’s rent shall be prorated.

3.3 Security Deposit
(a) Amount: One month’s Base Rent, i.e., $[AMOUNT] (“Security Deposit”), tendered upon execution.
(b) Statutory Compliance: Held in a segregated, interest-bearing account at [BANK, BRANCH], with interest payable to Tenant less a one-percent (1%) administrative fee pursuant to N.Y. Gen. Oblig. Law §§ 7-103 & 7-105.
(c) Walk-Through Inspections: Landlord shall offer a joint initial inspection within two (2) weeks before occupancy and a final inspection within two (2) weeks prior to surrender (§ 3.3(e)).
(d) Limitations on Use: Deposit may be applied exclusively to unpaid rent or to repair damages beyond ordinary wear and tear, with itemized statement delivered within fourteen (14) days after Tenant vacates.
(e) Return: Any unapplied balance (and interest) shall be refunded within fourteen (14) days after Tenant vacates and returns keys. Failure to comply subjects Landlord to statutory penalties.

3.4 Use and Occupancy
(a) Permitted Use: Residential dwelling by no more than [NUMBER] occupants in accordance with applicable occupancy codes.
(b) Prohibited Uses: No illegal, hazardous, or commercial activities.

3.5 Utilities
Tenant shall arrange and pay for [LIST UTILITIES]. Landlord shall provide [HEAT/HOT WATER/electric, as applicable] in compliance with N.Y.C. Admin. Code heat and hot-water requirements, if applicable.

3.6 Maintenance and Repairs
(a) Tenant Obligations: Keep Leased Premises clean, sanitary, and in good order; promptly notify Landlord of any condition requiring repair.
(b) Landlord Obligations: Maintain Leased Premises in habitable condition consistent with N.Y. Real Prop. Law § 235-b (warranty of habitability) and any local housing codes.

3.7 Alterations
No alterations without Landlord’s prior written consent. All permitted alterations become Landlord’s property upon installation unless otherwise agreed.

3.8 Right of Entry
Landlord may enter upon reasonable notice (minimum twenty-four (24) hours, except emergencies) for inspection, repairs, or to show the premises to prospective purchasers or tenants, as allowed under N.Y. Real Prop. Law § 235-f.

3.9 Insurance
Tenant shall maintain renter’s insurance with minimum liability coverage of $[AMOUNT] and personal property coverage sufficient to protect Tenant’s property interests.

3.10 Conditions Precedent
Landlord’s obligations are contingent upon (i) receipt of Security Deposit, first month’s Base Rent, and proof of insurance, and (ii) Tenant’s execution of this Agreement.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations
(a) Authority: Landlord has full right to enter this Agreement.
(b) Habitability: To the best of Landlord’s knowledge, the Leased Premises complies with all applicable building, housing, and health codes.

4.2 Tenant Representations
(a) Accuracy of Information: All rental application information is true and complete.
(b) Use: Tenant shall occupy as primary residence and not for short-term rental (e.g., Airbnb) without written consent.

4.3 Survival
The representations and warranties herein survive the termination or expiration of this Agreement to the extent necessary to enforce the parties’ rights.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Affirmative Covenants
(a) Pay all Rent when due.
(b) Comply with all laws, rules, and regulations.
(c) Promptly notify Landlord of any hazardous condition.

5.2 Tenant Negative Covenants
(a) No assignment or sublease without Landlord’s written consent (not unreasonably withheld in compliance with N.Y. Real Prop. Law § 226-b).
(b) No waste, nuisance, or unlawful conduct.
(c) No pets except [PETS ALLOWED / RESTRICTED], subject to reasonable rules.

5.3 Notice & Cure Periods
Except as otherwise provided herein, Tenant shall cure any non-monetary default within ten (10) days after written notice.

6. DEFAULT & REMEDIES

6.1 Events of Default
(a) Failure to pay Rent within five (5) days after due date.
(b) Breach of any covenant not cured within the applicable notice period.
(c) Abandonment or unlawful use of the Leased Premises.

6.2 Notice Requirements
For nonpayment of Rent, Landlord shall serve a fourteen-day written demand for rent (“Rent Demand”) in the manner prescribed by N.Y. Real Prop. Acts. Law § 711(2) (McKinney 2023) prior to commencing any summary proceeding.

6.3 Remedies
(a) Summary Proceeding: Upon expiration of applicable notices, Landlord may commence an eviction proceeding in the Housing Part of the Civil Court of the City of New York (or other court of competent jurisdiction) pursuant to N.Y. Real Prop. Acts. Law Articles 7 & 8.
(b) Possession/Injunctive Relief: Landlord may seek a judgment of possession, warrant of eviction, and other equitable relief.
(c) Monetary Relief: Recovery of unpaid Rent, Additional Rent, reasonable attorney fees (if awarded by the court), and court costs.
(d) Mitigation: Landlord shall make reasonable efforts to re-rent following Tenant’s vacatur or eviction.

6.4 Late Charges & Returned Checks
(a) Late Charge: [AMOUNT OR %] after five (5) days’ delinquency, not exceeding the lesser of 5% of monthly rent or $50, per N.Y. Real Prop. Law § 238-a.
(b) NSF Fee: $[AMOUNT] for each returned check.

7. RISK ALLOCATION

7.1 Tenant Indemnification
Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any and all claims, liabilities, damages, and expenses (including reasonable attorney fees) arising out of (i) Tenant’s use or occupancy of the Leased Premises, (ii) breach of this Agreement, or (iii) the acts or omissions of Tenant, Tenant’s occupants, guests, or invitees, except to the extent caused by Landlord’s gross negligence or willful misconduct.

7.2 Limitation of Landlord Liability
Except as otherwise required by law, Landlord’s liability for breach of this Agreement or otherwise arising in connection with the tenancy is limited to the amount of the Security Deposit then held by Landlord.

7.3 Force Majeure
Neither party shall be liable for failure to perform obligations (other than payment of Rent) where such failure is due to events beyond its reasonable control, including fire, flood, governmental action, or acts of God.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement is governed by the laws of the State of New York without regard to its conflict-of-laws rules.

8.2 Forum Selection
Any judicial proceeding arising under this Agreement shall be brought exclusively in the Housing Part of the Civil Court of the City of New York (or, if outside New York City, the local housing court or court of competent jurisdiction for [COUNTY]). The parties consent to personal jurisdiction and venue therein.

8.3 Jury Trial
Each party retains its constitutional right to a trial by jury; no waiver of jury trial is intended or effected herein.

8.4 Injunctive Relief
Nothing herein limits Landlord’s right to seek immediate injunctive or equitable relief, including but not limited to judgments of possession or warrants of eviction.

8.5 Arbitration
The parties expressly exclude arbitration.

9. GENERAL PROVISIONS

9.1 Notices
All notices under this Agreement shall be in writing and delivered by (i) certified mail, return receipt requested, (ii) reputable overnight courier, or (iii) personal delivery, to the addresses set forth below or such other address as a party may designate. Notice is effective upon receipt or refusal.

9.2 Amendments & Waivers
No amendment or waiver is effective unless in writing signed by both parties. One party’s waiver of a breach is not a waiver of any subsequent breach.

9.3 Assignment & Delegation
Tenant may not assign this Agreement or sublet the Leased Premises except as permitted in § 5.2(a). Landlord may assign its interest upon notice to Tenant.

9.4 Successors & Assigns
This Agreement binds and benefits the parties and their respective heirs, executors, representatives, successors, and permitted assigns.

9.5 Severability
If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision shall be reformed to the minimum extent necessary to comply with law.

9.6 Integration
This Agreement (including any exhibits) constitutes the entire understanding between the parties and supersedes all prior oral or written agreements.

9.7 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) are deemed originals for all purposes.

9.8 Interpretation
Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.”

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

LANDLORD:

[LANDLORD NAME]
[Title, if entity]
Date: _____

TENANT:

[TENANT NAME]
Date: _____

[// GUIDANCE: Add additional signature lines for multiple tenants. Consider notarization if local practice requires.]

11. EXHIBIT A

MOVE-IN / MOVE-OUT INSPECTION CHECKLIST

[Attach detailed checklist to document the condition of each room, fixtures, and appliances at move-in and move-out. Both parties should sign and date the checklist to reduce disputes over deductions from the Security Deposit.]

[// GUIDANCE: Confirm compliance with any local rent-stabilization or rent-control statutes, lead-paint disclosure requirements, bedbug disclosure forms (NYC), and other mandatory notices before finalizing. Attorneys should tailor late-fee amounts, insurance thresholds, and any house rules to the specific property and municipality.]