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New York Commercial Lease Agreement

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New York at a glance: Deposit Trust Rule: Deposit must be kept in trust (N.Y. GOL § 7-103) · Security Deposit Return: Reasonable time (no statutory limit) · Default Eviction: Summary proceedings required (RPAPL § 711)

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Overview

Commercial Lease Agreements in New York

New York commercial leases are governed by the Real Property Law and General Obligations Law. Landlords must hold security deposits in trust (N.Y. GOL § 7-103) and notify the tenant of the bank name and address. New York does not have a statutory return timeline for commercial deposits, but courts require it to be returned within a "reasonable time" after lease expiration.
Key Facts

New York Commercial Lease Agreement — Quick Reference

RequirementNew York Rule
Deposit Trust RuleDeposit must be kept in trust (N.Y. GOL § 7-103)
Security Deposit ReturnReasonable time (no statutory limit)
Default EvictionSummary proceedings required (RPAPL § 711)
Governing LawN.Y. Real Property Law
Legal Requirements

New York Legal Requirements

  • Lease must state that the deposit will not be commingled with the landlord's personal funds.
  • Landlords must notify the tenant of the interest rate and banking institution.
Governing Laws

New York Governing Laws

N.Y. GOL § 7-103
Money Deposited as Security
Requires landlord to keep security deposits in a separate trust account.

Read the full text of these laws at Cornell Law School's New York legal resources or your state legislature's official website.

Questions & Answers

New York Commercial Lease Agreement — Frequently Asked Questions

Can a New York landlord commingle a commercial security deposit?

No. Commingling the deposit with the landlord's assets is illegal and forfeits the landlord's right to use the deposit for damages.