New York State Disclosure Form for Landlord and Tenant – New York
The New York State Disclosure Form for Landlord and Tenant is a document designed to inform both landlords and tenants about the nature of agency relationships in real estate transactions within the state. This form outlines the roles and responsibilities of different types of agents, including landlord’s agents, tenant’s agents, broker’s agents, and dual agents, providing detailed information on their fiduciary duties and the implications of their engagements. It emphasizes that the form is not a contract but a disclosure meant to help parties involved make informed decisions regarding their relationships with real estate agents. The form also includes provisions for cases where an agent represents both a landlord and a tenant simultaneously, explaining the necessary consents and the limitations on the agent’s loyalty and duties under such dual representation. Additionally, there are sections for signatures to confirm that all parties have received and acknowledged the information provided. This form ensures transparency in real estate dealings, aiding in the prevention of conflicts of interest and ensuring that all parties are adequately informed about their rights and obligations.
Filling out this rental disclosure form requires careful attention to the details of the agency relationships involved in a real estate transaction. Here is a step-by-step guide to help you complete the form correctly:
Step 1: Understanding the Roles
- Read the descriptions of each type of agent (Landlord’s Agent, Tenant’s Agent, Broker’s Agent, Dual Agent, and Dual Agent with Designated Sales Agents) carefully to understand their roles and responsibilities.
Step 2: Completing the Form
- Identification of the Real Estate Broker:
- Print the Name of the Licensee: This is the name of the individual agent or broker handling the transaction.
- Print the Name of the Company, Firm, or Brokerage: This is the name of the real estate company or brokerage firm the agent represents.
- Agency Relationship:
- Select the appropriate box to indicate whether the broker is acting as a Landlord’s Agent, Tenant’s Agent, Broker’s Agent, Dual Agent, or Dual Agent with Designated Sales Agents.
- If a Dual Agency is applicable:
- Check the box for Advance Informed Consent Dual Agency or Advance Informed Consent to Dual Agency with Designated Sales Agents if you agree to this arrangement.
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- Specify the names of the designated sales agents who will represent the tenant and the landlord in the case of dual agency with designated sales agents.
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Step 3: Acknowledgment and Signature
- Each party (landlord and tenant) involved in the transaction must sign and date the form to acknowledge that they have received and understood the disclosures. Make sure all parties have a copy of this signed document for their records.
Step 4: Additional Instructions
- If there are any specific instructions or additional agreements related to the agency relationships, ensure they are documented and attached to this form.
Step 5: Submit the Form
- Once completed and signed, submit the form to the appropriate parties involved in the transaction. Keep copies for your records to ensure compliance and reference.
General Tips
- Consult with a Professional: If you have any doubts or require further clarification on the implications of selecting a particular type of agency relationship, consider consulting with a legal professional or real estate expert.
- Verify All Information: Double-check all the information entered on the form for accuracy and completeness before signing.
- Understand Your Rights and Duties: This form is designed to protect your interests by fully informing you of the nature of the real estate relationships you are entering into. Ensure you fully understand your rights and obligations under these relationships.
By carefully following these steps, you can ensure that the agency disclosure form real estate is filled out accurately and effectively, reflecting the true nature of the agency relationships in your real estate transaction.
What information can a landlord disclose?
The types of information a landlord can disclose are primarily influenced by privacy statutes, real estate and tenancy regulations, and any relevant federal laws. Landlords are permitted to share details about the property, such as its amenities, age, heating or cooling systems, and other structural features.
They can also provide information regarding lease terms, including the amount of rent, the duration of the lease, renewal policies, and termination conditions. Landlords are able to clarify responsibilities related to utilities and both routine and emergency maintenance tasks. Additionally, they can share details concerning security deposits, late fees, and other financial obligations.
Landlords can disclose information about adherence to housing regulations, health, and safety standards, and legal constraints or requirements, such as zoning laws or noise ordinances. If the property is part of a community governed by an association, the rules and regulations of that community can also be disclosed.
Legally, landlords are required to inform tenants of any known hazards, such as lead paint, asbestos, or mold, in compliance with state and federal laws. They must also disclose any significant past damages to the property and repairs that affect its structural integrity or safety. Furthermore, any known pest infestations must be disclosed before leasing the property.