New York Limitation on Substances Covered by Lease

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This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

New York Limitation on Substances Covered by Lease is a legal provision that restricts the types of substances and activities allowed within a leased property. It aims to protect both landlords and tenants by ensuring the property is used in a safe and responsible manner. This limitation serves to maintain the value and condition of the property, as well as promote the wellbeing of occupants and the surrounding community. In New York, there are several types of Limitations on Substances Covered by Lease that can be implemented. These include: 1. Smoke-free lease agreements: This type of limitation prohibits smoking within the leased property, including both indoor and outdoor spaces. It is intended to promote a healthier living environment and reduce the risk of secondhand smoke exposure. 2. Drug-free lease agreements: Under this limitation, tenants are prohibited from engaging in any illegal drug-related activities on the premises. This includes manufacturing, selling, distributing, or using illicit substances. Landlords may also conduct regular inspections to ensure compliance with this provision. 3. Hazardous materials restriction: Some leases may explicitly restrict the storage, use, or disposal of hazardous materials on the property. This can include substances such as flammable liquids, toxic chemicals, or radioactive materials. The limitation aims to prevent accidents, environmental contamination, and health risks. 4. Noise limitations: While not directly related to substances, noise limitations can also be incorporated into lease agreements. These restrictions outline acceptable noise levels and timeframes for certain activities, helping maintain a peaceful environment for all tenants. 5. Prohibition of illegal activities: This broad limitation encompasses any illegal activities that may pose a risk to the property, residents, or community. It discourages activities such as criminal behavior, disruptive conduct, or engaging in any unlawful trade within the leased premises. It is important to note that the specific limitations and their enforceability may vary depending on the lease agreement, local regulations, and individual circumstances. Consequently, it is crucial for both landlords and tenants to carefully review and understand the terms of the lease before signing, and seek legal advice if necessary. In conclusion, New York Limitation on Substances Covered by Lease includes various provisions aimed at promoting safety, health, and responsible usage of leased properties. These limitations encompass areas such as smoking, illegal drugs, hazardous materials, noise, and general prohibition of illegal activities. By implementing these restrictions, landlords can protect their property investments, while tenants can enjoy a secure and pleasant living environment.

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Local Law 55, also known as the Asthma Free Housing Act, requires that landlords of buildings with three or more apartments?or buildings of any size where a tenant has asthma?take steps to keep their tenants' homes free of pests and mold, including by safely fixing the conditions that cause these problems.

Landlords who accept a security deposit from a tenant are required to hold the deposit in trust for the tenant and may not mingle the tenant's security deposit with the landlord's personal money or otherwise have it become the landlord's asset. N.Y. GOL § 7-103.

In New York, the statute of limitations for a breach of contract claim is six years. It begins to run (i.e., accrue) from the date of the breach. The claim does not accrue from the date of discovery.

Landlords who accept a security deposit from a tenant are required to hold the deposit in trust for the tenant and may not mingle the tenant's security deposit with the landlord's personal money or otherwise have it become the landlord's asset. N.Y. GOL § 7-103.

In theory, a property owner should only retain the amount of a holding deposit equivalent to the actual damages caused by a potential tenant not signing a lease contract. The owner should return the remainder of the deposit to the tenant.

Tenants in New York cannot be denied based on past legal conflicts with a landlord (for example, if they have previously sued a landlord). Landlords in New York are also not allowed to charge any additional fees for the processing, review, or acceptance of an application.

New York Consolidated Laws, General Obligations Law - GOB § 7-101. Money deposited or advanced for use or rental of personal property; waiver void.

General Obligations Law 7-107 specifically uses the language ?deposit or advance,? indicating that a payment of more than one month to be applied to the future rent is also improper and in violation of the law.

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New York Limitation on Substances Covered by Lease