New York Lease Basics

• The state of New York defines a lease as any agreement between landlord and tenant, and can be either a written or an oral agreement. Oral lease agreements may not last longer than 12 months, and any restrictions or agreements reached in them cannot be legally enforced unless they're placed in written form. Although leases must describe rent, the names of tenants and a description of the property, landlords may include any additional terms that are not in violation of New York or municipal laws, including penalties for premature termination, security deposit requirements and certain occupancy restrictions.
  
  

Prematurely Terminating Leases

• Renters who want to move before the end of their lease term must contact their landlord and request early termination of the lease. If the landlord agrees, both parties should agree to the termination in writing. The landlord may refuse the request, but if he does, the tenant may ask to be allowed to assign the property -- essentially finding another tenant to take over the lease. The landlord may once again deny this request, but if this denial is found to be unreasonable, the tenant is released from the lease 30 days after the assignment request is deemed unreasonable.
  
  

Prohibited Provisions

• Although landlords and tenants have significant amounts of leeway when constructing lease agreements, the state of New York bars a handful of provisions from leases. Tenants can't release their landlord from liability for damages and injury resulting from landlord negligence, nor can they waive the right to a jury trial for personal and property damages inflicted by the landlord. Landlords can't require tenants to pledge furniture or other personal property as a security deposit, nor can they make tenants waive their right to a legally habitable domicile with running, potable water, heat, electricity and weatherproof roofs, windows and floors.
  
  

Occupancy

• It is illegal for landlords to restrict occupancy of the property to the person named on the lease. By state law, the home may be occupied by the lessee, the lessee's family members, one additional occupant and the second occupant's family. The lessee must provide the name of occupants within 30 days of the landlord's request for that information.