NYC lease clauses to read before you sign

Read every clause on fees, repairs, renewal, subletting, legal costs and who can live with you before you sign a New York lease. Several common clauses are void or limited by state law, which means the landlord can't enforce them even if you signed: a waiver of the warranty of habitability, one-sided attorney fees, late fees above the cap, and bans on roommates are the big ones.

That doesn't make the rest of the lease harmless. Clauses that are perfectly legal, like an automatic renewal or a rule against pets, can still cost you money if you miss them. This guide walks through the clauses that matter most, what each one means, and whether New York law lets the landlord enforce it.

Clause-by-clause: is it enforceable?

The clauses that cost tenants most

Repairs and condition of the apartment

Every New York residential lease carries a built-in promise that the apartment and common areas are fit to live in and free of conditions dangerous to health or safety. You can't sign it away. Watch for clauses that shift repair costs to you, such as "tenant responsible for all repairs" or "tenant pays for extermination." Those can't override the warranty, but they signal how the landlord plans to run the building. Check its record on Roofy before signing, and see warranty of habitability in New York.

Attorney fees

Most NYC form leases let the landlord collect its legal fees from you. Under RPL §234, that clause automatically works both ways: if the landlord fails to do what the lease requires, or you successfully defend a case it brings, the landlord owes your reasonable legal fees. The landlord can't collect fees on a default judgment, and you can't waive this rule.

Fees and late charges

RPL §238-a bans most fees at the start of a tenancy. The landlord can charge the actual cost of a background or credit check, up to $20, and must waive it if you provide a check done in the past 30 days. Late fees can only kick in when rent is more than five days late and can't exceed $50 or 5% of the monthly rent, whichever is less. On $2,800 rent, the cap is $50. Use the late fee checker to test your number.

In NYC, the FARE Act also requires the landlord or its agent to give you an itemized written list of every fee before you sign the lease, and you sign that disclosure. If a fee appears in the lease that wasn't on the list, ask about it in writing.

Renewal and automatic renewal

An automatic renewal clause renews your lease for another term unless you give notice by a set date. Under GOL §5-905, it only works if the landlord personally delivers or sends by registered or certified mail a written reminder 15 to 30 days before your notice deadline. Separately, if you rent at market rate and the landlord plans to raise rent by 5% or more, or not renew, it must give you written notice 30, 60 or 90 days ahead depending on how long you have lived there (RPL §226-c). See negotiating a market-rate renewal.

Subletting, roommates and guests

A lease can require landlord consent to sublet, but in buildings with four or more units, RPL §226-b gives you a process to request it, and the landlord can't unreasonably refuse. Silence after 30 days counts as consent. Rent-stabilized units and co-ops have their own rules. The roommate law (RPL §235-f) lets you have one additional occupant plus that person's dependent children on a single-tenant lease; tell the landlord the occupant's name within 30 days of move-in or of a request. See subletting in New York and New York roommate law.

Breaking the lease

Many leases say you owe rent for the full term if you leave early. That is partly true, but RPL §227-e requires the landlord to act in good faith and take reasonable, customary steps to re-rent your apartment at the lower of fair market value or your lease rent. If it re-rents the unit, the new lease ends yours and offsets the damages it can claim from you. Look for "early termination" or "buyout" options in the lease, and read how to break a lease in New York before you sign a long term. The lease break cost estimator shows what leaving could cost.

Liability, insurance and jury waivers

A clause saying the landlord isn't liable for its own negligence is void under GOL §5-321. A jury-trial waiver is void for personal injury and property damage claims between you and the landlord (RPL §259-c). Many leases also require you to carry renters insurance, which covers your own belongings and liability. See renters insurance explained.

Pets, entry and alterations

No-pet clauses are common, but NYC has a special rule for pets kept openly; read the three-month rule. Clauses about when the landlord may enter, painting, installing air conditioners and drilling into walls vary; compare them with NYC landlord entry rules.

Before you sign: a quick routine

1. Get the full lease and all riders at least a day before signing. Required NYC riders are listed in required lease riders and disclosures.
2. Check the rent, term, start date and renewal terms match what you were promised.
3. Compare every fee in the lease to the FARE Act fee disclosure you signed.
4. Search for "attorney", "waive", "renew", "sublet", "fee" and "repair".
5. Ask for changes in writing. Initial any handwritten changes on both copies.
6. Keep a signed copy of everything, including the deposit receipt and move-in condition statement.

This guide is general information, not legal advice. If a clause worries you, NYC tenants can call 311 and ask for the Tenant Helpline, or speak with a lawyer before signing.