[NY] [NY] Can a landlord remove a cleaning clause in an unsigned sublease?
I am subletting one office in a psychotherapy suite to another psychologist. Part XVI of the agreement indicates that the subtenant is responsible for small repairs and cleaning. My business partner and I will be providing regular cleaning services. Can I remove this language from the agreement?
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Great. If you are willing to provide the small repairs and cleaning, there’s no reason you cannot remove that provision from the sublease. You may want to substitute a clause stating that you will provide regular cleaning services, but the subtenant must avoid causing unusual damage or cleanliness issues (New York Real Property Law (RPL) §235-b).
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I am subletting one office in a psychotherapy suite to another psychologist. Part XVI of the agreement indicates that the subtenant is responsible for small repairs and cleaning. My business partner and I will be providing regular cleaning services. Can I remove this language from the agreement?
I understand that navigating lease agreements can be challenging. Are you looking to modify the existing agreement with your subtenant?
Yes.
Have you discussed this potential change with your business partner or the subtenant yet?
Yes.
Is there anything else the lawyer should know before I connect you?
No — it is just Clause XVI.
Hello. My name is Wendy, and I am an attorney. Is the clause you want to eliminate in an agreement already signed by the subtenant? Or are you putting together an agreement to be signed?
No, it is a lease agreement that has not been signed.
Got it, thanks for clarifying. Where are you located? This can help me understand any local laws. Also, does the main lease allow subletting a portion of the premises?
New York, and yes, the main lease allows subletting.
Great. If you are willing to provide the small repairs and cleaning, there’s no reason you cannot remove that provision from the sublease. You may want to substitute a clause stating that you will provide regular cleaning services, but the subtenant must avoid causing unusual damage or cleanliness issues (New York Real Property Law (RPL) §235-b).
Thank you.
You are very welcome.
Wendy
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