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New Yorkยท Answer

Can a New York lease require a tenant to waive their right to a jury trial?

Short answer

It depends. New York courts split on the enforceability of jury trial waiver clauses in residential leases. Some states (including New York and California) require the waiver to be conspicuous, separately initialed, and free of unconscionability before enforcement. Others void such clauses outright as against public policy in residential tenancies. Even where enforceable, the waiver typically only applies to disputes between the parties to the lease, not to third-party claims (injuries to guests, government enforcement). A jury trial waiver is rarely worth fighting in a small-claims setting; eviction cases are typically heard by a judge in any event. If you find this clause buried in a New York lease, consult a tenant attorney before signing, and ask for it to be removed or initialed only if you understand the consequence.

Source: New York contract law; due process protections


Honest limits

This is an informational answer based on New York contract law; due process protections as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a New York-licensed attorney.

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