Frequently Asked Questions (FAQs)

Leases - General FAQ

What are my options if I want to get out of my lease early?
I signed a lease and the apartment is not ready to move into. What can I do?
Can you have more than one stabilized lease?
Can the landlord demand a guarantor when I sign the lease?
My landlord never followed through on promised improvements. Where do I turn for breach of lease?
Does a tenant in a rent stabilized apartment have the right to add their spouse's name to the lease?
I don't have a lease, so I am a month-to-month tenant. What are my rights and what are the allowable rent increases?

 

What are my options if I want to get out of my lease early?

First, ask your landlord if s/he will let you out of the lease. Landlords are sometimes willing to accept vacancies, especially if it will lead to a rent increase.

If your landlord refuses to let you out, you can ask the landlord if you can "assign" the lease. This means that you would have to find a new tenant. The landlord can refuse to do so, but if his/her refusal is unreasonable s/he must release you from the lease in thirty days upon your request.

For more information see the "Subletting and Assigning Leases" section of the NY State Attorney General's Tenant's Rights Guide .

Generally speaking, breaking a lease is like breaking a contract, and the landlord can claim part or all of your security deposit for unpaid rent. The landlord could also go to court to enforce the terms of the lease (i.e., ask you to pay additional rent until a new tenant is found). Under current rulings, landlords also have no duty to promptly re-rent the apartment, and you could be liable for the rent due until the expiration of the broken lease.

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I signed a lease and the apartment is not ready to move into. What can I do?

Unless the lease states otherwise, the apartment must be made available to the tenant on the beginning date of the tenancy. If the apartment is not available when agreed, the tenant has the right to cancel the lease and obtain a full refund of any deposit.

For assistance, contact Homes and Community Renewal, HCR, Also see our Legal Assistance page. In addition, the following tenant groups may be helpful:

  • Met Council on Housing (212) 979-0611
  • Tenants and Neighbors (212) 608-4320

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Can you have more than one stabilized lease?

Under the rent stabilization law, a tenant in a rent stabilized apartment must maintain the unit as his/her primary residence. The primary residence provisions of the law were enacted to make sure that tenants did not take advantage of the regulatory system.

If you are subletting the extra apartment, you may be subject to eviction. For information on subletting, see our Subletting FAQ. If you are not a primary resident, the landlord may refuse to renew your lease. Additionally, see our Primary Residence FAQ.

Finally, it is not unlawful per se to rent two stabilized apartments. Many people rent more than one apartment because of space requirements. However, in these situations the apartments are usually adjacent (or at least in the same building) and thus are considered to be a single "primary residence." It is not uncommon for married couples to maintain two separate rent regulated residences.

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Can the landlord demand a guarantor when I sign the lease?

If the landlord has not yet signed the lease, the lease is not executed and the landlord has the right to ask for a guarantor.

If this is a rent stabilized renewal lease, the landlord may not impose new terms, and thus the landlord has no right to newly insist on a guarantor.

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My landlord never followed through on promised improvements. Where do I turn for breach of lease?

Your rights are defined by your lease and by state and local law. If the lease specifies the services or improvements and the landlord has not performed, s/he has breached a legitimate contract and you may demand damages or performance.

If the improvements simply concern amenities which do not affect the habitability of the apartment, you could sue the landlord for damages or to force him or her to abide by the terms of the lease. The court you choose will depend upon the amount of damages claimed and the type of relief sought. If the improvements concern habitability, you may seek an inspection to determine if there are housing code violations and you could sue for repairs in the "HP Part" of Housing Court. For further information, see our Legal Assistance page. If the improvements involve a service which has previously been supplied to the tenants of the building, you may want to consider filing a reduction of service complaint with NYS Homes and Community Renewal (HCR) .

We suggest you obtain a consultation with a private attorney. For legal advice, see our Legal Assistance page. In addition, the following tenant groups may provide advice:

  • Met Council on Housing (212) 979-0611
  • Tenants and Neighbors (212) 608-4320

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Does a tenant in a rent stabilized apartment have the right to add their spouse's name to the lease?

Yes. The tenant has the right, upon request to the owner, to have the name of his or her spouse added to the lease as an additional tenant, if the spouse resides in the apartment as a primary residence. There is no rent increase associated with this change, other than the approved renewal lease increase rates in effect at the time of renewal. If necessary, you may file a complaint with NYS Homes and Community Renewal (HCR) , the state agency which administers the rent laws.

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I don't have a lease, so I am a month-to-month tenant. What are my rights and what are the allowable rent increases?

If you are a rent stabilized tenant, your landlord must offer you a lease. Your rent cannot increase until you receive a lease, and may only increase according to the annual rent guidelines voted on by the Rent Guidelines Board.

If you are not a stabilized tenant, there is no limitation on the amount of rent increases. [If you're unsure whether your apartment is rent stabilized, you may want to double-check with NYS Homes and Community Renewal (HCR) , the state agency which administers the rent laws, to see if your apartment is rent stabilized.] If you have no lease, or if your lease has expired, you are considered a "month-to-month" tenant. According to the NYS Attorney General's Office, a New York City landlord may raise the rent of a month-to-month tenant with the consent of the tenant. However, if the tenant does not consent, the landlord can terminate the tenancy by giving appropriate notice.

As stated in the NYS Attorney General's Tenant's Rights Guide, "Renters who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants. In localities without rent regulation, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent (Real Property Law § 232-c).

"A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.

"Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-a and § 232-b)."

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