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Your lease, decoded.

Ten clauses that show up in NYC leases again and again — and what they actually mean.

General information only, based on how these clauses commonly play out in NYC. Your specific lease and building may differ — verify anything you're unsure about with a tenant attorney or the relevant agency before signing.

Automatic (“evergreen”) renewal

Read carefully

Common and generally enforceable, but check the notice window required to cancel — miss it and the lease can renew without you meaning it to.

Joint and several liability

Standard

Standard in multi-tenant leases: every named tenant is individually on the hook for the full rent, not just their share, regardless of any private roommate agreement.

Splitting rent with roommates →

No subletting without landlord consent

Standard

Generally enforceable, but New York law gives many tenants a right to request permission to sublet, which a landlord can't unreasonably refuse.

Subletting →

“Landlord may enter at any time, for any reason”

Read carefully

Landlords generally need reasonable notice and a legitimate reason (repairs, inspection, showing the unit) except in a genuine emergency — a blanket unrestricted-entry clause overstates what's actually enforceable.

Landlord Entry →

“Deposit is non-refundable”

Likely unenforceable

A security deposit belongs to the tenant and must generally be returned, minus documented damage beyond ordinary wear and tear — a blanket non-refundable label doesn't override that.

Security Deposits →

Tenant waives the right to a jury trial

Likely unenforceable

Jury-trial waiver clauses in NYC residential leases are generally unenforceable under NYC law, regardless of what the lease says.

Fee for the landlord's broker

Likely unenforceable

Under the FARE Act, a broker representing the landlord or listing generally can't charge that fee to the prospective tenant.

Broker Fees →

Application/background-check fee over $20

Likely unenforceable

New York caps this fee at $20, and the landlord must provide a copy of the report and invoice.

Application Fees →

“Tenant responsible for all repairs”

Read carefully

A landlord generally can't contract away the duty to keep a unit habitable — heat, hot water, and structural/essential-system repairs are typically still the landlord's responsibility no matter what the lease says.

Repairs →

No pets

Standard

Generally enforceable in most private leases, with exceptions for service and support animals under fair-housing law.

Pets →

Questions

My lease has a clause not listed here — what do I do?

Ask what it means in plain language before you sign, and check whether the same topic has a page in the Field Manual. When a clause seems unusual or hard to understand, that's a reason to ask more questions, not sign faster.

Does an illegal clause make the whole lease invalid?

Not usually — an unenforceable clause typically just can't be enforced against you, while the rest of the lease still applies. But this varies by situation, so verify with a tenant attorney if it matters to your decision.