Formalities to Rent an Apartment

Whether on the side of the owner/tenant, the formalities of leasing an apartment must be fulfilled. In the case of a rental, it is necessary to establish a lease, accompanied by an inventory of fixtures and formalities related to the deposit. However, a landlord tenant attorney NYC is needed in all the steps related in renting your apartment. In general, the signature of the contract is preceded by a rental file.

Rental File

Most landlords and real estate agencies require the development of a file before the signing of the lease. This folder can even be used as a tenant selection. This rental file must make it possible to know the identification of the tenant, his solvency and that of his deposit.


The lease is a lease concurrence between the tenant and the landlord; it is mandatory for bare rentals. In general, it is established for 3 years renewable, but the tenant has the opportunity to leave his home at any moment within the duration of notice.

State of Play

An inventory must be attached to the lease. This is established at the arrival of the tenant, but also at his departure. It thus makes it possible to avoid any dispute between the possessor and the tenant concerning the deteriorations caused to the housing. It is made in 2 copies and is inscribed by the possessor and the tenant.


The tenant is generally required to have a surety, that is, a person/organization who accepts to pay for it in the time of default. The surety gives his commitment in the form of writing in two copies. The commitment of the surety resumes:

  • The Aggregate of the Rent;
  • The reality that she became conscious of the essence of her commitment.

Security Deposit

When inscribing the lease, a deposit may be requested from the tenant. This one is used to guarantee the owner in case of failure of the tenant with his obligations. The total deposit is given to the owner at the signing of the leasehold and is sent back to the resident upon departure, less the sums remaining due.

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