prospective tenant would like to make 2 pages of changes to the lease

[Tylere Weaver]

new prospective tenant.  We shared the lease with them and they responded about a day later with some changes they would like to be made to said lease.  I'm all for them reviewing it and asking questions, maybe fine tuning small little things.  The lease is 9 pages long,  I am in new york state.  I have never lost an eviction since using this lease.  I have always won and was returned my property in less than a month once we start the eviction process.  what are your thoughts?

Section	Original Term (Summary)	Proposed Revision	Rationale / Comment
5. Security Deposit	Deposit is forfeited if tenant fails to take possession on move-in date.	Clarify that deposit will be refunded (minus any lawful costs) if tenancy does not commence, except in cases where tenant causes material loss.	To align with NY General Obligations Law §7-108, which treats deposits as tenant property until properly applied.
6 & 22. Utilities and Services	Landlord is excused from providing services (heat, water, etc.) for reasons outside their control, and tenant must continue paying rent.	Add clarification that rent obligations will be adjusted or abated if essential services are interrupted for extended periods, consistent with NY’s Warranty of Habitability (Real Property Law §235-b).	Ensures both parties understand obligations if the premises becomes uninhabitable.
11. Landlord Entry	Landlord may enter 'at reasonable times' without notice requirement.	Specify that landlord will provide at least 24 hours’ notice for non-emergency access, except in urgent situations.	To maintain tenant privacy and comply with common NY practice.
14. Pet Policy (14.2)	Landlord may unilaterally increase rent if tenant fails to clean after pets.	Replace with: 'Tenant agrees to maintain cleanliness. If issues persist, landlord may recover reasonable cleaning costs after notice and documentation.'	Prevents open-ended rent increases while maintaining accountability for pet-related upkeep.
17.3(a)	Landlord may 'enter and remove Resident… by force or otherwise.'	Delete and replace with: 'Landlord may regain possession only through lawful court procedures.'	Clarifies compliance with NY Real Property Actions and Proceedings Law; self-help evictions are prohibited.
17.1(c)	Tenant may be evicted for conduct the landlord 'considers objectionable.' including “immoral” behavior.	Replace with: 'Tenant may be evicted for conduct that materially violates lease terms or applicable law.'	Adds objectivity and due process, consistent with NY housing standards. Also keeps the clause objective and focused on legitimate concerns, while avoiding subjective language that could be interpreted differently by each party.
19. Jury Trial Waiver	Tenant waives right to jury trial, counterclaims, or setoff.	Suggest keeping standard rights for both parties to respond or resolve any issues through the normal court process.	Helps ensure any future disagreements can be handled fairly and transparently, consistent with common New York practices.
23. Notice of Termination / Liquidated Damages	Tenant must pay one month’s rent as liquidated damages if 30-day notice not given.	Replace with: 'Tenant agrees to provide 30 days’ written notice prior to lease end.' Remove liquidated damages language.	Prevents excessive penalty; maintains clear communication expectations.
23. Carpet Cleaning Fee	Mandatory $450 carpet-cleaning fee upon move-out.	Specify that cleaning costs may be deducted only if carpets require cleaning beyond normal wear, OR note it as a non-refundable pet fee.	Ensures deductions comply with NY security deposit laws[SW1] .
4 & 17.5. Legal Fees as Additional Rent	Tenant pays landlord’s legal fees in any action, treated as 'additional rent.'	Clarify that each party bears its own legal fees unless awarded by a court.	Prevents automatic liability for landlord’s legal costs; balances obligations.
10. Indemnity Clause	Tenant indemnifies landlord for nearly all claims or damages, including landlord negligence.	Limit indemnity to damages caused by tenant’s or guests’ actions.	Creates mutual fairness and aligns with NY case law on residential leases.
20. Notices	Landlord may give verbal notice; tenant must use certified mail.	Request mutual written notice via email or mail for efficiency.	Promotes clear two-way communication and recordkeeping.

[SW1]We discussed this one in person, so I am in agreement to pay it when I move out, I just don’t know that the language as is complies with NYS expectations, so should possibly be reworded.

[Drew Sygit]

@Tylere Weaver just because you think your lease is, "battle tested", does NOT mean it complies with all federal, state & local statutes.

Judges/courts typically ONLY look at the part of a lease that is applicable, plus betting your lease contains the standard, "joint & severable" language - meaning even if one part found to be "illegal" the rest of it remains enforceable.

Also, there have been three federally required changes to ALL residential leases in the last 10 years - have you updated your lease for them? What about state & local required changes?

Let's look at each of these logically (not an attorney, so NOT legal advice):

#5: A deposit, is by definition, refundable. This clause should also not be needed if you have language for penalties if the tenant breaks the lease, which would cover this event. 
- @Theresa Harris: calling any type of deposit "nonrefundable" is an oxymoron! A deposit can only be liquidated or forfeited. Better idea would be to call it some type of "fee":)

#6 & 22: Most states have habitability statutes that require a landlord to cover the cost for a tenant to stay in a hotel if the property becomes unihabitable, no matter the cause. During this time the tenant must continue to pay rent. Perhaps you are intending this clause to cover temporary events, like the city shutting off the water to repair a main, etc.?

#11: You can't violate state or local statutes. Emergencies are typically an exception.

#14: Seems you're trying to have the right to increase rent to stop bad behavior. While there may be nothing legally wrong with this clause, why would a tenant agree to an open-ended increase? Probably better to go with what prospect is asking for, but in addition you could include something like, "After x occurences, landlord may raise rent x% per each additional occurrence".

#17.3(a): This is blantly illegal in Michigan, guessing most states. If you've actually done this, shocked you haven't been sued and lost!

17.1(c): Can't imagine a Michigan judge NOT ruling against this.

19: not aware if this violates and federal, state or local laws.

23: In Michigan leases that term out, automatically convert to Month-to-Month if neither party gives the other notice. Our lease requires 60-day Notice, has an automatic annual renewal with x% increase and a x% Holdover Rate (if tenant gives notice and does NOT vacate). So, we would be able to charge a tenant rent for breaking the lease if they didn't give proper notice and moved out. 

23 Carpet Cleaning: we charge a $x Cleaning Fee to avoid Michigan Security Deposit issues regarding, "normal wear & tear". 

4 & 17.5: we have similar language in our lease, but eviction fees are legally limited in Michigan:(

10: This is too vague for Michigan judges and highly likely to be struck from the lease.

20: Would not stand in a Michigan court as, "if it's not in writing, it never happened".

Again, this should in no way be construed as any type of legal advice and is our opinion only. HIGHLY recommend you spend a few hundred dollars and hire an experienced landlord-tenant attorney (not a jack-of-all-trades or contract law one!) to update your lease!