When signing a rental lease for a NYC apartment

I’m getting my first apartment in NYC and NYC has a bunch of crazy laws in regard to housing.  If I see something that is in direct violation of the laws in the contract is it better to A. point that out so they fix the contract or B. leave it in and sign it with the idea that if they mess up and I have to take them to court I can point to the violation in the contract and have that section removed or better rule against the landlord because their contract was in violation of the state/city laws?

It\’s always better to fix the contract before you sign it.

If you have to go to court, chances are that the landlord will be suing you for a great deal of money instead of you suing him. You\’ll incur a lot of costs and aggravation and the landlord will have lots of experience at it where you\’ll have none. Even if you are the one doing the suing, you could still lose on a technicality because you don\’t know what you are doing, and end up getting your credit trashed by having a judgment on it.

In NYC the rent stabilized leases are pretty standard and have already been tested in court over a long period of time. And the standardized leases are easily found on the internet so most landlords have them even where the apartments are not rent stabilized.

In NYC it\’s not likely that the landlord\’s are going to mess up. It\’s not their first rodeo. And with the scarcity and cost of rentals in NYC it\’s the landlord\’s who decide who they rent to and who they don\’t.

More here: http://prairielaw.com/forums/p/103389/493673.aspx

Editor\’s Note: I\’ve been a real estate broker in New York City for over 30 years. I can tell you, contrary to what the author above proclaims, that many NYC landlords sneak illegal provisions into their leases. But not to worry, should you ever have to go to court, the illegal provisions in the lease will be unenforceable. For example, if you move into a building that does not allow pets, but you later must use a service dog (seeing eye dog), the landlord cannot disposes you. The law in NYC grants exemptions for service dogs, so you will be safe in your home from the landlord evicting you for having a service dog.

Lorenzo.