Questions About The Legality Of Certain Clauses In A Lease
Location: Buffalo NY
Hello yall. I am moving to Buffalo, New York this fall. This is out of state for me and so I am not familiar with local law. I’ve read through my lease and I have a number of questions about how standard certain clauses are, and if they violate New York State law.
My first question is regarding “added rent.” I know this is a standard clause, but I wonder if my landlord can manipulate this clause in any way. I assume my landlord has to prove/ show receipts of any charge that would be considered “added rent.” right? Is this class separate from increased rent?
My second question is regarding the amenities on the property. We have a community room, exercise room, and patio that are listed as amenities. But there is a clause in this lease that states that “the landlord is under no obligation to provide any amenities now or in the future.” I’m so confused as to WTF that even means. Is it legal for her to list certain amenities and then have that clause in the lease?
My third question is regarding a clause called “landlord is unable to perform.“ This clause states: “residence obligations under this lease, shall not be negated if landlord is unable to or delayed in it’s performance of its obligations due to labor trouble, government order, lack of supply, Resident’s act or neglect, or any other cause, not fully within landlord‘s reasonable control.” Is this is a clause that the landlord can manipulate? What constitutes reasonable control?
There’s also an illegality clause that states if any part of this lease is found to be unenforceable, that the remainder of this lease will be unaffected and in full force and effect. Is this legal? I thought that if the landlord broke the law in their lease that that makes the least null and void. I’m not sure if that’s true or if that’s a misconception.
There is also an attachment to this lease that states that the New York State Good Cause Eviction Law is not applicable to me as a tenant. Is there anyway I can confirm this outside of what my landlord says?
Thank you in advance for your help.
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