Lease Agreements: Waiving State Law, Possible Or Not?

A lease is a contract between a tenant and a landlord that outlines the terms of the agreement, such as rent, payment, and duration. While leases are contracts, they are also subject to state laws that may affect the enforceability of certain provisions. For example, in New York, landlords must provide a certain amount of notice before raising the rent under a month-to-month tenancy, and tenants have the right to be free from harassment. This raises the question: can a lease waive state law?

Characteristics of 'can a lease waive state law'

Non-payment proceedings

In the case of non-payment of rent, a landlord can demand that the tenant pay the rent or vacate the premises. If the tenant pays the demanded rent, they can remain in the property. Before a non-payment proceeding is initiated, the landlord must make a proper written demand for the rent, serving a notice that requires the tenant to pay within 14 days.

In the case of a month-to-month tenancy, the non-payment of rent after the lease expiration does not automatically set up a month-to-month tenancy. This is because, according to RPL §232-c, it is the payment of rent that establishes the month-to-month tenancy. However, in some cases, courts have held that even if the lease has expired, nonpayment proceedings should not be dismissed, and landlords can still recover unpaid rents. For example, in Priegue v. Paulus, the court held that since the tenants remained in possession after the lease expiration and continued to pay rent, a month-to-month tenancy on the same terms as the original lease is implied, and landlords can initiate nonpayment proceedings.

On the other hand, in 265 Realty v. Trec, the Appellate Term disallowed the proceeding for rent during the post-expiration period because there was no payment or acceptance of rent after the lease expiration, and thus no month-to-month tenancy was created. This understanding was also supported in Samson Management v. Hubert, where the Appellate Division disallowed the recovery of rent after the lease expiration due to the absence of a rental agreement.

To avoid disputes, it is essential for landlords to provide proper written notices and adhere to the specific laws and regulations governing non-payment proceedings in their respective jurisdictions. Similarly, tenants should be aware of their rights and responsibilities regarding rent payments and lease renewals to protect themselves from unlawful proceedings.

Tenant rights

In the landlord-tenant relationship, both parties have fundamental rights and responsibilities. While a lease is a binding written agreement, it cannot waive state law. In fact, a lease outlines the tenant's rights and identifies the duties and responsibilities of both parties.

Tenants have rights under federal, state, and local laws. These include the right to a livable home and freedom from unlawful discrimination. The Federal Fair Housing Act (FFHA) protects tenants from discrimination based on race, age, religion, gender, disability, marital status, sexual orientation, or whether they have children. Landlords may not refuse to rent to anyone based on these characteristics.

Tenants also have the right to "quiet enjoyment," a legal term meaning a landlord cannot evict a tenant without cause or otherwise disturb their right to live in peace and quiet. Landlords may not interrupt utilities unless it is for repairs, construction, or an emergency. Tenants can demand that the landlord repair any condition that materially affects their physical health or safety, and justices of the peace can order landlords to make these repairs.

Tenants have the right to privacy and reasonable notice before the landlord enters the rental property. Landlords do not have an automatic right of entry.

Tenants also have the right to form, join, or participate in the lawful activities of any group, committee, or organization formed to protect the rights of tenants, without interference, harassment, or penalty by the owner. These tenants' groups have the right to meet peacefully at reasonable times in locations on the premises that are devoted to the common use of all tenants.

Security Deposits

Tenants have rights if the landlord fails to return the security deposit or provide an itemized list of deductions. In this case, they can report the landlord to the local housing authority or sue, usually in small claims court. If the tenant wins, the court may award up to three times the security deposit value, attorney fees, and court costs.

Lease termination

A lease is a binding contract that outlines the terms of agreement between two or more parties. Lease termination brings this contract to an end. While lease agreements are typically for leases of at least one year, rental agreements cover shorter periods, such as month-to-month tenancies.

Tenants can notify landlords or property owners of their intention to terminate a lease through a lease termination letter. This letter should include the termination date and a forwarding address. Notice requirements will vary depending on the lease agreement and state law. For example, in New York State, a tenant can terminate a month-to-month tenancy by notifying the landlord at least one month before the end of the term. Across the US, most states allow a landlord to terminate a lease if the tenant violates the terms of the lease or breaks the law. The violation must be significant, such as a late rent payment or a breach of health and safety codes. In such cases, the landlord must first send a termination notice to the tenant. The tenant may then be given time to remedy the violation, for example, by paying outstanding rent. If the tenant remains in the rental unit after receiving a termination notice, the landlord may file an eviction lawsuit.

If a tenant breaks a lease, the landlord has a duty to make reasonable efforts to re-rent the unit. The landlord can charge the vacating tenant for the actual costs of advertising the unit. Some leases also include a termination fee or specific forfeiture of the tenant's security deposit. If a tenant moves out early, the landlord can keep the security deposit and apply it against the cost of advertising the unit and any lost rent.

In certain circumstances, tenants may be able to terminate a lease early without being responsible for future rent. For example, in California, survivors of certain violent crimes, abuse, domestic violence, stalking, or human trafficking can break their leases without owing additional rent. Similarly, tenants who enter active military service can also terminate a lease early.

Rental agreements

A lease is a contract between a tenant and a landlord that outlines the terms of the rental agreement, including rent, payment, and duration. While leases are legally binding, they cannot override state law. In the case of a conflict between a lease and state law, the state law will supersede the lease. However, leases can provide additional protections to tenants beyond what is required by state law.

In New York, for example, state laws cover certain issues related to rent, such as the amount of notice a landlord must provide to raise the rent under a month-to-month tenancy, and the time a tenant has to pay rent or move out before the landlord can file for non-payment of rent and/or eviction. While leases in New York cannot waive these rights provided by state law, they can offer additional protections. For example, a lease may provide that rent is payable in advance at the beginning of the month, even though state law does not require this.

Additionally, certain provisions in a lease may be considered void by a court if they violate state law. For example, a lease provision stating that the landlord is not responsible for any injuries caused by their wrongdoing, or that the tenant waives their rights under the Warranty of Habitability law, would not be enforceable. The Warranty of Habitability, which is implied in every written or oral residential lease, gives tenants the right to a livable, safe, and sanitary apartment. Any breach of this warranty, such as the failure to provide heat or hot water or to address an insect infestation, gives tenants legal recourse.

It is important to note that lease agreements can be complex and may be subject to various state and local laws. As such, it is always advisable to consult with an attorney or legal professional when reviewing or drafting a lease agreement to ensure compliance with applicable laws and to protect one's rights as a tenant or landlord.

Landlord lawsuits

Landlords have certain rights and responsibilities when it comes to renting out their properties, and they may take legal action against tenants in specific situations. There are two main types of landlord-tenant lawsuits: non-payment proceedings and holdover proceedings. In a non-payment proceeding, the landlord demands that the tenant either pays back rent or vacates the premises. If the tenant pays the rent, they can stay. However, before initiating a non-payment proceeding, the landlord must provide a proper written demand for rent, giving the tenant a notice period, typically 14 days, to make the payment.

In a holdover proceeding, the landlord seeks to evict the tenant for reasons other than non-payment of rent. This could include situations such as lease violations, damage to the property, or termination of the lease. Landlords must follow specific procedures and provide proper notice to the tenant before initiating a holdover proceeding.

Tenants also have rights and protections under the law. For example, tenants have the right to form or join groups that protect their rights without interference or harassment from the landlord. Additionally, tenants cannot be discriminated against based on race, age, religion, gender, disability, marital status, sexual orientation, or family status. If a landlord violates these rights, tenants may have legal recourse against the landlord.

It's important to note that lease agreements and local laws can vary, and specific provisions may apply in different jurisdictions. Both landlords and tenants should be aware of their rights and responsibilities as outlined in the lease agreement and under state and local laws. Understanding these provisions can help prevent legal disputes and ensure a harmonious rental experience for all parties involved.

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