Your lease, decoded.
Ten clauses that show up in NYC leases again and again — and what they actually mean.
Automatic (“evergreen”) renewal
Read carefullyCommon 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
StandardStandard 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
StandardGenerally 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 carefullyLandlords 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 unenforceableA 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 unenforceableJury-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 unenforceableUnder 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 unenforceableNew 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 carefullyA 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
StandardGenerally 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.