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My daughter is in the process of entering into a lease

agreement in NYC, which we...
My daughter is in the process of entering into a lease agreement in NYC, which we are guaranteeing. We received the lease and it seems a bit one-sided and there are parts that are unclear to me. I am looking for someone to read it and give us some guidance in addressing it before signing.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: New York
JA: Has anything been filed or reported?
Customer: Nothing has been signed as far as the lease
JA: Anything else you want the lawyer to know before I connect you?
Customer: We are dealing with a broker for the Landlord and we (the parents) are out of state.
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9/20/2017
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 29,061
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good afternoon. Can you share with me what specifically in the lease, you have questions about?

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Customer reply replied 2 months ago
There are numerous things. This is a multi-unit building with more than 6 units. There is a building manager and a super.First, the contract uses the term "appurtenances" yet refer to Tanant responsibilities for spaces beyond the premises - like common areas and external to the building. Do we need to have the term defined for us?Secondly, in a clause labeled Condition of Premises it states "Tenant stipulates, represents, and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in safe, clean and tenantable condition. My daughter is in no position to make such a stipulation. Shouldn't they be representing that to her?
There is more...

In a legal context, an appurtenance is something that is attached to, or belongs to, a building or piece of land in such a manner that it is part of the property, such as a barn, or a yard. As such, you would want them to define and explain what exactly they are saying she is responsible for, outside of her actual rental. Of course, if something happened in a common area, as a result of her fault, she would be liable.

This is a clause which is saying that she inspected the rental but should ONLY be signed off on, when she actually inspects it, prior to moving in. They have an obligation to make the property move in ready but she also has a right to inspect and document anything and they need to correct it

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Customer reply replied 2 months ago
A small point - they state the security deposit is without interest. My research indicates that is against the law. And it gives no indication of the account the funds will be held in.The Clause Maintenance and Repair states "Tenant will, at its sole expense, keep and maintain the premises and appurtenances in good and sanitary condition and repair. That seems backwards to me. I would think they are responsible for repair. There is a shared bathroom, so there is part of her unit with three other people (all women's housing unit - separate rooms shared bath)They then list 10 further details (without limiting the generality of the foregoing) that include things like:Keep all windows, glass, window covering, doors, locks, and hardware in good, clean order and repair.Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same for only purposes for which they were constructed (again, the bathroom is shared)..shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements.more to come
Customer reply replied 2 months ago
Inspection of Premises: Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon.There is no statement about advance notice. Shouldn't there be?More to come
She needs to maintain the property. The landlord has to make all necessary repairs that are through no fault of her own. If she shares a bathroom or other area with other roommates and something where it happen the cost might be shared amongst all of the time equally unless it can be shown one person is responsible.
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Customer reply replied 2 months ago
The clause on Indemnification is not qualified for gross negligence. It reads "Landlord should not be liable for any damage or injury of or to the Tenant...more to come
She needs to maintain the property. The landlord has to make all necessary repairs that are through no fault of her own. If she shares a bathroom or other area with other roommates and something where it happen the cost might be shared amongst all of the time equally unless it can be shown one person is responsible.
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She needs to maintain the property. The landlord has to make all necessary repairs that are through no fault of her own. If she shares a bathroom or other area with other roommates and something where it happen the cost might be shared amongst all of the time equally unless it can be shown one person is responsible.
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Customer reply replied 2 months ago
Clause - Attorneys' Fees; Waiver of Trial by Jury; no CounterclaimsYou can imagine the accompanying languageIt is my understanding that you can't ask someone to waive a jury trial. Can they require you to waive counterclaims?More to come, but almost finished.
If the landlord know of an issue and fails to correct it or should have known they could be liable. They can not just waive all responsibility for something.
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Customer reply replied 2 months ago
NO WAIVER clause:The failure of the Landlord to seek refress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any Rules or Regulation set forth or hereafter adopted by the Landlord, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation.Shouldn't be a time limit to this?
Correct. She can not be forced to give up her legal rights. The bot***** *****ne is that she can make proposed changes to them and see if they accept. If they refuse she may not want to rent there cause if something happens it would be clear she will have a legal battle.
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Correct. She can not be forced to give up her legal rights. The bot***** *****ne is that she can make proposed changes to them and see if they accept. If they refuse she may not want to rent there cause if something happens it would be clear she will have a legal battle.
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The statute of limitions woikd control. They could not have an indefinite period of time to come back and sue her.
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Customer reply replied 2 months ago
Is there better language I can have her suggest or should I just have her bring up our concerns before signing?
Customer reply replied 2 months ago
What about:..shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements.Can they require her to be responsible for the cleanliness of hallways and outside the building? That seems excessive or am I misunderstanding it?
Customer reply replied 2 months ago
I am not sure if you responded to the question about notice before entrance. I think I saw it needs to be in writing unless it is an emergency.
She should speak with them first. To simply make changes and initial them and hand the lease back may not be the best approach to resolve these concerns or issues. As far as the issue with the garbage it simple needs to be placed in the trash. Can't be left out. The common area of the building is theirs to maintain. The hallways which are used by all she does not have to clean.
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Can you please share the notice question again?
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Customer reply replied 2 months ago
We really don't have a back up short of her coming home, if they are unwilling to make changes, do these issues seem worth risking for the year or are any of them non-starters in your mind?
Customer reply replied 2 months ago
I guess I'm asking is there any change I absolutely have to have?
If she has no other option, she has to sign. When she does, needs to be aware of what they may try and hold her responsible for. I know it is not ideal but if there are problems ( which there should not) is when she can try and resolve them or contest it on court. If she takes care of her rental and shared space it should not be an issue.
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Customer reply replied 2 months ago
far, the people involved seem to reasonable and flexible. I know sometimes a lawyer drafts it with a thought of requiring the Tenant to do his due diligence.Is it typical to include language which seems to violate State law?
Customer reply replied 2 months ago
As Guarantors, do we have a right to discuss these issues with the broker?
Customer reply replied 2 months ago
Oh. What is the statute of limitations that might apply or where can I find it (them)?
The lease can not violate the law. The law controls and if they want to try and argue she gave up certain rights they would need to show they she recognized and knew about them. You are signing so if she fails to pay you will be liable. You can try speaking with them but the truth of the matter is that you really are financially liable if she does not pay or they need to sue to recover.
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As far as the statute of limitations is depends on what is being sued for.
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Customer reply replied 2 months ago
is it better to discuss or sign and claim ignorance? Probabbly not a fair question.
Certainly to discuss. When you sign there is a presumption you agreed and knew what you were signing so it does not always work to claim ignorance.
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Customer reply replied 2 months ago
Is there anything else you feel I should be careful or concerned about?
You really want to focus on things which the landlord should be responsible for. Shift the cost and burden to them to take care of. Also, since she is sharing space with three others she may want to try and add a clause or language that if there is an issue and it can not be resolved by management that she be allowed to vacate and break the lease with 30 or 60 day notice.
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Customer reply replied 2 months ago
the other people are not people known to her. The bathroom mates are unknown to her (again, all female).
If the management is placing these other girls, there could be issues or conflict down the road. She wants to be able to get out of there is conflict as she is not the one selecting the roommates.
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Customer reply replied 2 months ago
Ok. Thank you. I appreciate it!
You are welcome and I wish her the best. If there is nothing further I just kindly ask that you rate my help at the top at this time.
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Customer reply replied 2 months ago
I guess one last question, do you think it is necessary to hire an attorney for this?
You may want to see how flexible they are first. You can hire an attorney which would certainly be in your best interest and they could make the best changes ever but the management does not have to accept them and can reject them and you would have spent that money for counsel. Keep in mind they can reject any changes and tell her to take the lease or do not sign it
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Customer reply replied 2 months ago
Makes sense. Thanks.
You are welcome. If you have not already I kindly just ask that you rate my help at the top at this time. Thank you.
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Customer reply replied 2 months ago
Ok. Really more than likely the last question. It is actually one that didn't get answered directly (and I know I kinda bombarded you. Sorry)As guarantors, can we bring up these concerns? Our daughter is 20 and a little overwhelmed by the whole process.
you can speak with them but you need to see what you are signing. If it is just to guarantee payment of rent and has notning to do with the lease itself that is between her and them. Of course, it does not mean you can not speak with them and try and negotiate this and help. It is really a matter of now much they want to work in general to get her to sign and to modify their lease
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Customer reply replied 2 months ago
34;Responsible for any financial obligation for rent owed, related services or waste perpetrated or allowed by_______________
I don't understand what you are asking
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Customer reply replied 2 months ago
That is the statement from the Guarantor's Form.So much for a willingness to discuss:The response from the Broker."Hi, I thought I explained to you that the lease was sent to for review only and that you would sign two originals with the administrator when you arrive.You will get one with her signature as well as yours for your files, The lease cannot be altered, but you can address the issues with Joanne the administrator when you arrive."Now what?
You address them with Joanne and see how she responds. If she refuses to change or modify the lease it is at gone discretion to have her sign.
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As I shared, they do not have to change anything if they do not want to.
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Customer reply replied 2 months ago
any illegal language would be ignored in court? I mean she has clearly state they refuse to alter.
No. If it ended up going to court to court is when you need to attack the language in the contract and hold certain terms and conditions invalid.
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Customer reply replied 2 months ago
Alright. Thanks. I appreciate your advice. Signing off.
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