Lease red flags: what to check before you sign
Most Brooklyn leases are standard, but the non-standard clauses are where renters get hurt. Run every lease past this list.
Money clauses
- Fees beyond first month + one month deposit + a max $20 application/credit check fee. "Move-in fees," "amenity fees," or big application fees are red flags - New York caps what can be collected up front.
- Late fees above $50 or 5% of monthly rent (whichever is less) or demanded before rent is 5 days late - not enforceable.
- Automatic renewal with a built-in increase you didn't agree to. Renewal increases should be negotiated when the renewal happens, and the landlord must give written notice (30, 60, or 90 days depending on how long you've lived there) before a non-renewal or an increase of 5% or more.
Rights clauses
- Any clause waiving repairs or habitability rights is void. The warranty of habitability can't be signed away - but its presence in a lease tells you about the landlord.
- "No roommates." New York's Roommate Law (RPL §235-f) gives you the right to share your apartment with at least one roommate, whatever the lease says.
- Broad "no guests" rules or guest fees. Reasonable limits are normal; overnight-guest bans are not.
- Unrestricted landlord access. Entry should require notice except in genuine emergencies.
Before you sign
Ask for everything in writing - rent, concessions ("one month free" math), who pays which utilities, and the broker's identity and fee status. If the rent seems too good for the neighborhood, check whether the apartment might be rent-stabilized (see our stabilization guide) - that affects your renewal rights forever.
General information, not legal advice. Laws change and every situation is different. For advice about your specific case, talk to a tenant lawyer - free help may be available through the city's tenant protection resources or Legal Aid.