A residential lease is a legally binding agreement between the landlord and tenant that conforms to New York state law. It includes general terms such as monthly rent, start and end dates, and utilities responsibilities.
Whether you’re a Landlord or Tenant, it’s crucial to create and execute a rental Lease that’s comprehensive and fully protected. Ziji Legal Forms provides you with the tools you need to create a Lease that’s tailored to your needs online today.
Lease Agreement
A Lease is a legally binding contract between a Landlord and a Tenant that outlines the terms of their relationship. This document is essential for a Landlord to complete before they rent property to a Tenant and is also the basis of any dispute that might arise between a Landlord and Tenant.
Usually, a Lease will include a description of the property and the landlord’s name and address. It will also provide the details of the lease term and any other fees that will be due during the first month of occupancy.
The lease will also outline any restrictions on the tenant’s use of the property such as noise policies, parking and pet policies. In addition, it will also provide information about the tenant’s right to sublease the property.
In addition to these elements, a Lease will usually also include a clause that explains how a landlord can terminate the lease if the tenant is failing to meet the conditions of their agreement. This includes giving the tenant a certain amount of notice before they can be evicted.
Once the Lease is signed, it becomes legally binding until the end of its term. In addition, a lease can be amended or added to by a supplementary form that both parties must sign.
A Lease Agreement is also required by law to contain a section that lists what actions the parties are agreeing to take in case they breach the Lease. This is a key element of any Lease Agreement because it ensures that both parties are held accountable for the terms of their agreement.
The ezProLease makes it easy for Landlords to create a Lease that is state-specific and guaranteed to comply with all of the unique laws in their specific location. The ezProLease also includes ezStateAssist tips to highlight any unique laws that a Landlord should be aware of and automatically adds those language and documents into the Lease Agreement.
Lease Termination
The lease termination is a legal document that is used to let a tenant know that they need to vacate the premises. The letter will typically state that the lease is ending and give them a certain amount of time to move out.
This is an important document that will need to be signed by both the landlord and the tenant. It will ensure that everything is in writing and that they are both clear about the situation.
A lease termination can be done for many reasons, but one of the most common is when a landlord wants to sell a property. In this case, the landlord may send a lease termination letter to their month-to-month renters so that they can get out of the property before selling it.
Terminating a lease isn’t the same thing as eviction, although there are some overlaps. However, a lease termination is usually done for reasons that are less negative and stressful than eviction.
Often, these situations occur when tenants are doing things that violate the terms of the lease. This can include doing unapproved renovations, owning secret pets or having more people living in a rental unit than they agreed to.
It’s best to have a written lease agreement in place before you sign anything, especially when it comes to leasing a home or apartment. This will protect both parties in the future.
Early termination charges can be very expensive, so it’s a good idea to choose a lease term that will allow you to end your contract early without losing much money. The more months you have left in the term, the lower the early termination charge will be.
Notice of Termination
If your tenant has violated the terms of your lease, you will need to write a notice of termination. This notice must be given to the tenant before they can leave your property. It is a necessary part of any landlord’s rental business and must be handled correctly.
The notice must include the date of the move-out, any conditions that were set in the lease, and any other modifications to the agreement. This information should be written clearly so that the tenant knows exactly what they need to do.
Generally, the notice will be sent 30 days before the end of the lease. However, this will depend on the type of lease you have.
You can use a state-approved form to send this notice, or you can create your own. In either case, it is best to use a certified mail (USPS) option that gives you a receipt after successful delivery.
Landlords often need to use this document when a tenant has not paid their rent or is causing too much damage to the property. It is important to follow the correct procedures when sending this type of notice, as it could result in a legal action against you by the tenant.
This document is usually signed by the person who delivered it, as this can serve as proof later on in the eviction process. If the tenant does not comply with the letter, you will need to file a lawsuit in order to take back the property.
A notice of termination should also specify whether the security deposit will be refunded or not. In addition, it should also mention any specific move-out instructions that the tenant should follow.
Rent Increase Notice
A Rent Increase Notice informs tenants about a proposed rental change and allows them to consider whether they are willing to renew their lease agreement under the new price. Typically, this is sent at least 30 days before the lease term expires or is up for renewal.
Before sending the Notice, you should check to see if there are any local laws that limit how much you can raise the rent. You should also research the costs of comparable units in your area, and assess the average rate to ensure you are asking for a fair amount.
Landlords often raise rents to adjust for inflation or other factors in their community. However, it’s important to be transparent and professional when communicating the increase to your tenants.
The most common type of notice is a written notice sent via certified mail with a return receipt, so the tenant can be assured that they received it. This can help avoid potential disputes in the future.
You should include details of the original contract between you and your tenant as well as any modifications to the terms. The date that the rental agreement was signed should be included, and you may want to attach a copy of the original document for further clarity.
State how much the rent will increase and indicate when it will be effective. The state-required notice period is usually 30 days if the change is 10% or less and 90 days if it is more than 10%.
You can also include a section to explain why the rent increase is being made. This can be anything from an updated homeowners’ association fee to an increased tax bill. This helps your tenant understand the situation more fully and can be beneficial to both of you if it demonstrates that you have considered their financial needs.
Security Deposit
Most rental properties require a security deposit, a sum of money that the tenant pays at the start of their lease. The landlord can use this money to cover any damage the tenant does to the rental property during their tenancy.
The amount of the security deposit can vary based on your state’s law, but most states allow a landlord to collect up to two months’ rent for the first year and one month’s rent for each subsequent year. This is a lot of money, so most tenants pay it in full before moving into their new place.
In addition, New York State law requires that a landlord keep your security deposit in a separate bank account. The landlord must also notify you in writing of the name and address of the bank.
You may be able to get interest on your security deposit. This is a good idea because it can help offset your cost of living in your home while you are renting. In most cases, your landlord will put the security deposit in a separate savings account that you can access to check the balance and interest rate each month.
Your landlord can keep 1% of the interest each year to cover their own administrative costs. However, you can choose to have the interest subtracted from your monthly rent or paid out in a lump sum at the end of the tenancy.
If your landlord uses any part of your security deposit to cover a rent increase, a late payment, or damage, you can ask for a detailed accounting of the expenses. This can help you win your case in court.
Author Bio
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