I am preparing to sign a lease for a new apartment but find some unreasonable terms on the 58 pages long lease. Please advise on how I can negotiate with the property company to my benefits?
Examples of the unreasonable terms:
"I, the tenant, or guests of the leasee waive my or our rights to seek claim against the owner due to accidental or intentional cause by the owner, agent of the owner, or employee of the owner"
"6% is an exorbitant charge fee percentage. " -> this late charge is double than industry average
"Giving Up Trial by Jury and Counterclaims; New York Law - I give up my right to counterclaim"Does any of these mentioned terms violate the city law?
If you really want the property, and the property is in demand, then you have no leverage. If you think you have leverage to obtain changes, then you create a list by page and paragraph of the provisions you have problems with, and propose changes. You can also redline the lease if you have the capabilities. I have clients that will negotiate their standard lease terms, and other clients who have no problems getting tenants take a take it or leave it attitude.
Gold, Benes, LLP offers free telephone consultations between 10 and 4 weekdays.
You need an attorney to review a lease that long. The short answer is that any landlord who presents a tenant with a 58 page residential lease is guaranteed to be an ------- and you will be sorry you ever signed that lease and moved into that apartment. Save yourself the future grief. Find another apartment.
The above constitutes general information only and should not be considered legal advice.
You have the right to attempt to negotiate any term within the lease agreement, however, it would only be successful if you have leverage. If you have leverage you can simply propose the changes to the landlord and hope for acceptance. Alternatively, if you look to other similarly situated residential leases and propose terms similar in nature - that may be more acceptable to the landlord. But beware, any landlord with a 58 page lease may not be easy to work with.
All communications are provided for general informational purposes only, may not be applicable to your specific set of facts, and do not constitute legal advice or a legal opinion, or form an attorney-client relationship. You should not act or rely on any information provided through this website or the Internet in general without first obtaining legal advice from an attorney specifically hired to represent you on a given matter. For more information, go to www.theARgroup.com.
I agree with Mr. Bianchi--this landlord sounds like a world of trouble awaiting you. However, if you choose to go forward with this guy, ask him for the lease in Word so that you can edit it. If he agrees, you can give him a red-lined copy. If he won't cooperate, you really should walk away.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements