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Monday, February 25, 2013

Suffolk County Minimum Lease Term = 1 Year

Did you know that the Suffolk County Code has a minimum lease term of 1 year?

Did you know that the lease term has to be in writing?

Well these rules are the default rules, at least, and are applicable unless the tenant waives the provision, which also must be in writing pursuant to section 696-3. So, don't simply use a form lease or go month-to-month as you will clearly violate the Code. Instead, write a formal lease and if its for a term of less than 1 year, make sure to include the applicable waiver language.

If you don't, section 696-5 provides that you can be charged with a misdemeanor with a fine of up to $500, plus a private right of action exists that enables the damaged party (tenant) to get attorneys fees and up to $500 by way of the Code.