Residential leases are often comprehensive because landlords need to clearly outline the rules for tenants, and they have to outline their responsibilities to the tenants. Some leases contain restrictive clauses, which list specific restrictions for the tenants.
Some tenants may find these restrictions unpleasant, but restrictive clauses are fully permissible in New York leases as long as the restrictions don’t break any laws. Some common restrictive clauses include:
Subletting and assignment restrictions
Landlords may include clauses in leases that limit or prohibit subletting or assigning the rental unit to another party. While tenants in buildings with four or more units have the right to sublet with the landlord’s advance consent, the landlord can impose reasonable restrictions.
For assignments, tenants generally can’t assign their lease without the landlord’s written consent, and the landlord may withhold consent without cause. If the landlord unreasonably refuses consent, the tenant is entitled to be released from the lease within 30 days from the date of the request.
Occupancy limitations
Leases may also specify who is permitted to reside in the rental unit. Under New York law, tenants are allowed to share their apartment with immediate family members, one additional occupant and the occupant’s dependent children, provided that the tenant or the tenant’s spouse occupies the premises as their primary residence.
Landlords may require tenants to inform them of the names of any occupants within 30 days of their move-in. Additionally, landlords can limit the total number of occupants to comply with legal overcrowding standards.
Prohibition of short-term rentals
Many leases explicitly prohibit tenants from engaging in short-term rentals, such as listing the property on platforms like Airbnb. In New York City, building owners can register their properties on the Prohibited Buildings List, certifying that leases and other occupancy agreements prohibit short-term rentals.
When tenants or landlords feel the lease is being breached, they have the option of legal action. Working with someone familiar with these matters is often beneficial because of the complexities of these cases.