What fees must be disclosed before signing a lease?

Rent Fees Disclosure Requirements for Tenants in New York

When renting an apartment or other residential property in New York, it is important for tenants to understand what fees landlords must disclose before signing a lease. New York state law includes specific regulations designed to protect tenants by ensuring transparency regarding financial obligations. This guidance explains which fees landlords are required to disclose upfront and offers helpful context on how these rules operate in New York.

---

Essential Fees Landlords Must Disclose Before Lease Signing

In New York, landlords must provide tenants with clear and written information about all rent-related fees prior to entering into a lease agreement. This requirement helps tenants make informed decisions and avoid unexpected costs. The primary fees that must be disclosed include:

1. Rent Amount

• Monthly Rent: The landlord must state the exact monthly rent amount that the tenant will owe throughout the term of the lease.
• Rent Increases: If the landlord intends to raise rent during the lease term (where allowed), details regarding the timing and amount of increases should be clearly disclosed.

2. Security Deposit

• Deposit Amount: The landlord must disclose the amount of the security deposit required. In New York, the security deposit for a residential lease is typically limited to one month’s rent.
• Use and Return: While not always in the initial disclosure, landlords are required to explain the conditions under which the security deposit may be withheld and the timeframe for returning it after the tenancy ends.

3. Application Fees and Broker Fees

• Application Fees: Landlords or management companies must disclose if any application fees are charged to screen prospective tenants. These fees must be stated upfront before the application process begins.
• Broker Fees: If a broker is involved, the landlord or rental agency must inform the tenant who is responsible for paying the broker fee. In New York City and many other parts of the state, tenants often pay the broker fee, but it must be disclosed in advance.

4. Additional Fees or Charges

Besides rent, security deposits, and application or broker fees, landlords are obligated to disclose any other fees that the tenant may be liable for before signing the lease. These may include but are not limited to:

• Pet Fees: Non-refundable pet fees or monthly pet rent should be clearly stated if pets are allowed.
• Amenity Fees: Charges for access to amenities such as parking, storage, laundry, or fitness centers must be disclosed.
• Late Payment Fees: The landlord must explain if there are any penalties or additional fees in case rent is paid late, including the amount and when they apply.
• Utilities and Services: Clarify which utilities (water, gas, electricity, cable, internet) are included in the rent and which are the tenant's responsibility.

---

Format and Timing of Disclosure

Written Disclosures

New York law requires that fee disclosures be made in writing as part of the lease or in an accompanying document provided before the tenant signs. Verbal assurances are insufficient because they lack legal enforceability and can lead to confusion.

Timing

• Before Signing: All fees and charges must be communicated prior to the tenant signing the lease to ensure full transparency.
• Before Application: If an application fee is to be charged, the landlord must disclose this before the tenant submits an application.

---

Special Considerations in New York City

In New York City, additional tenant protections exist under the Rent Stabilization and Rent Control Laws, as well as the Tenant Protection Act. While these regulations primarily govern rent increases and lease renewals, they also emphasize transparency in fee disclosures.

• Landlords cannot impose fees not previously disclosed or agreed upon.
• In rent-stabilized units, security deposits and fees are tightly regulated, and full disclosure is mandatory.
• Broker fees must be explicitly disclosed and are often negotiable or capped; tenants should request this information early.

---

Why Fee Disclosure Matters to Tenants

Clear disclosure of rent-related fees protects tenants from:

• Unexpected financial burdens after lease signing.
• Potential disputes over charges that were not properly communicated.
• Legal complications arising from undisclosed or unlawful fees.

Understanding your financial obligations upfront allows you to budget appropriately and avoid conflicts with your landlord.

---

Summary Checklist for Tenants Before Signing a New York Lease

Before signing a lease in New York, confirm that the landlord or property manager has provided written information on:

• Monthly rent amount and any planned increases.
• Amount and conditions for the security deposit.
• Application fees and broker fees, if applicable.
• Any pet fees or deposits.
• Charges for amenities or services.
• Policy on late fees and penalties.
• Responsibilities for utilities and other monthly costs.

If any of these fees or charges are unclear or not provided in writing, request clarification before committing to the lease.

---

Conclusion

In New York, landlords are legally required to disclose all rent-related fees before tenants sign a lease agreement. This includes rent amounts, security deposits, application and broker fees, and any additional charges that may apply. By ensuring these disclosures are made in writing and received prior to signing, tenants can make informed housing decisions and avoid surprise expenses. Always carefully review all fee disclosures as part of your lease signing process to protect your rights and financial interests as a tenant.