All Forum Posts by: Tylere Weaver

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.