New York Limitation on Substances Covered by Lease

State:
Multi-State
Control #:
US-OG-803
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

Local Law 55, also known as the Asthma Free Housing Act, requires that landlords of buildings with three or more apartments?or buildings of any size where a tenant has asthma?take steps to keep their tenants' homes free of pests and mold, including by safely fixing the conditions that cause these problems.

Landlords who accept a security deposit from a tenant are required to hold the deposit in trust for the tenant and may not mingle the tenant's security deposit with the landlord's personal money or otherwise have it become the landlord's asset. N.Y. GOL § 7-103.

In New York, the statute of limitations for a breach of contract claim is six years. It begins to run (i.e., accrue) from the date of the breach. The claim does not accrue from the date of discovery.

Landlords who accept a security deposit from a tenant are required to hold the deposit in trust for the tenant and may not mingle the tenant's security deposit with the landlord's personal money or otherwise have it become the landlord's asset. N.Y. GOL § 7-103.

In theory, a property owner should only retain the amount of a holding deposit equivalent to the actual damages caused by a potential tenant not signing a lease contract. The owner should return the remainder of the deposit to the tenant.

Tenants in New York cannot be denied based on past legal conflicts with a landlord (for example, if they have previously sued a landlord). Landlords in New York are also not allowed to charge any additional fees for the processing, review, or acceptance of an application.

New York Consolidated Laws, General Obligations Law - GOB § 7-101. Money deposited or advanced for use or rental of personal property; waiver void.

General Obligations Law 7-107 specifically uses the language ?deposit or advance,? indicating that a payment of more than one month to be applied to the future rent is also improper and in violation of the law.

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New York Limitation on Substances Covered by Lease