This office lease form is a checklist that lists and describes the silent lease issues of the landlord and provides information regarding consent, landlord and tenant responsibilities and property uses.
New York Landlord Checklist of Silent Lease Issues
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Multi-State
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US-OL28C03
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How to fill out Landlord Checklist Of Silent Lease Issues?
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FAQ
If Tenant shall perform all of the covenants and agreements herein required to be performed by Tenant, Tenant shall, subject to the terms of this Lease, at all times during the Lease Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.
However, if landlords restrict a tenant's use unreasonably, it may constitute a breach of quiet enjoyment. Absence of Basic Services ? When utilities are included, or the landlord is responsible for payment and fails to do so, this is a major issue.
Quiet enjoyment is an implied provision ? an invisible clause ? that imposes an obligation on the LANDLORD to benefit the tenant/lessee. The covenant requires the landlord to provide the tenant/lessee with ?quiet and peaceable? possession of the leased premises.
Silent lease clause. a. Common Law. (i) Rule ? Where consent of the landlord is required, and the lease does not expressly provide that the landlord's consent may not be unreasonably withheld, the landlord may arbitrarily withhold his or her consent.
SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS FOR THE TERMINATION OF A RESIDENTIAL LEASE BY SENIOR CITIZENS MOVING TO A RESIDENCE OF A FAMILY MEMBER OR ENTERING CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR HOUSING PROJECTS. Who is eligible?
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.
tomonth tenancy may be terminated by either party. If the landlord plans to terminate, they must give notice on the same timeline as terminating nonregulated leases (as described on the previous page). Outside of New York City, the tenant must give one month's notice to terminate the tenancy.