Q. Does a lease agreement have to be in writing in New York?
A. The short answer is yes and no.
Generally speaking, leases in New York can be made orally, but there are times when it’s essential to put your lease in writing. There are several situations, but the most common is when the term is longer than one year.
For example, if your lease is from January 1, 2020, to December 31, 2020, then you don’t need to prepare a written lease. However, if your lease is from January 1, 2020, to December 31, 2021, then you must prepare a written lease.
If you are required to prepare a written lease, it must accurately state (1) the exact address of the premises you are leasing, (2) the term of the lease, (3) the names and addresses of the landlord and tenant, (4) the amount of rent, and (5) the date on which rent is due. Changes to the lease must be agreed to by both the landlord and tenant, and both the landlord and tenant must initial the changes.
There are many other situations where a lease agreement must be in writing, so if you have any questions, we recommend that you consult with a specialized attorney.