New York Rental Laws

Written on January 24, 2014 by , updated on September 6, 2018

Flag of New YorkThis article summarizes some key New York Landlord-Tenant laws applicable to residential rental units.

We’ve used the Official State Statutes and other online sources cited below to research this information and it should be a good starting point in learning about the law.

With that said, our summary is not intended to be exhaustive or a substitute for qualified legal advice.  Laws and statutes are always subject to change, and may even vary from county to county or city to city.

You are responsible for performing your own research and complying with all applicable laws in regards to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and/or a qualified lawyer in your area. Your local or state bar association may be able to help you find a lawyer with experience in landlord-tenant law.

Official Rules and Regulations

Security Deposit:

  • Security Deposit Maximum: No statute (source)
  • Security Deposit Interest: If the rental property contains 6 or more family dwellings, landlord is required to keep the deposit in a New York interest-bearing bank account and collect interest on behalf of the tenant. (N.Y. GOL §§ 7-103(2-a))
  • Separate Security Deposit Bank Account: Landlord cannot mingle deposit funds with personal funds. (N.Y. GOL §§ 7-103(1)) If the rental property contains 6 or more family dwellings, landlord is required to keep the deposit in a New York interest bearing bank account. (N.Y. GOL §§ 7-103(2-a))
  • Pet Deposits and Additional Fees: No statute.
  • Deadline for Returning Security Deposit: Any “reasonable” amount of time. (source)
  • Security Deposit can be withheld for: (source)
    • Damages beyond normal wear and tear
    • Reimbursement for unpaid rent
  • Require Written Description / Itemized List of Damages and Charges: No Statute
  • Record Keeping of Deposit Withholdings: No statute.
  • Transfer of Property Ownership: Deposit must be transferred within 5 days of property transfer. Landlords must notify tenants, by registered or certified mail, of the name and address of the new owner (N.Y. GOL §§ 7-105)
  • Receipt of Deposit: Landlord shall provide tenants with the name and address of the banking organization in which the deposit of security money is made, and the amount of such deposit (N.Y. GOL §§ 7-103(2))

Lease, Rent & Fees:

  • Rent Is Due: No statute.
  • Rent Increase Notice: No statute.
  • Automatic Lease Renewal: Landlord must give the tenant advance notice of the existence of an auto-renewal clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. (source)
  • Rent Grace Period: No statute.
  • Late Fees: No statute.
  • Application Fees: A landlord may charge a “reasonable” application fee (source). Use Cozy to avoid having to charge application fees altogether.
  • Prepaid Rent: No statute.
  • Returned Check Fees: Yes, if it is specified in the lease. The fee must not be more than $20 (N.Y. GOL §§ 5-328). Use Cozy to collect rent online and automatically charge late fees.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (N.Y. RPL §§ 235-a)
  • Tenant Allowed to Repair and Deduct Rent: Yes, under some circumstances. (N.Y. RPL §§ 235-b)
  • Landlord Allowed to Recover Court and Attorney Fees: Yes (N.Y. RPL §§ 234)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No statute, but previous Civil Court cases have ruled that landlords have a responsibility to mitigate damages.
  • Receipt of Rent: Landlords must provide a written receipt for rent paid in the form of cash or any instrument other than personal check of tenant (unless receipt of the check is requested) (N.Y. RPL §§ 235-e).
  • Electronic Rent Payments: Landlords shall not require a lessee or tenant to use an electronic billing and/or payment system as the only method for the payment of rent (N.Y. RPL §§ 235-g).
  • The following lease provisions are prohibited and void: (source)
    • Exempting landlords from liability for injuries to persons or property caused by the landlord’s negligence, or that of the landlord’s employees or agents
    • Waiving the tenant’s right to a jury trial in any lawsuit brought by either of the parties against the other for personal injury or property damage
    • Requiring tenants to pledge their household furniture as security for rent.

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed to terminate a lease with a definite term, outside of New York City. (N.Y. RPL §§ 232-b)
  • Notice to Terminate Tenancy – Month-to-Month Lease: One month if outside New York City. (N.Y. RPL §§ 232-b) If in New York City, 30 days notice is required (N.Y. RPL §§ 232-a).
  • Notice of Date/Time of Move-Out Inspection: No statute
  • Notice of Termination of Lease for Nonpayment: 10 days to Remedy or Quit (N.Y. RPL §§ 751(1)).
  • Notice of Termination for Lease Violation: 10 days to Remedy or Quit (N.Y. RPL §§ 753(4)).
  • Required Notice before Entry: No statute, but at least 24 hours notice is recommended.
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No statute, but at least 24 hours notice is recommended.
  • Entry Allowed with Notice for Showings: No statute, but at least 24 hours notice is recommended.
  • Emergency Entry Allowed without Notice: No statute
  • Entry Allowed During Tenant’s Extended Absence: No statute
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No (source).
  • Utility Shut-offs Allowed: No (source).

Disclosures and Miscellaneous Notes:

  • Names and Addresses: Required (source).
  • Copy of the Lease: In New York City, the landlord shall provide the tenant with a copy of any written rental agreement within 30 days of ratification (source).
  • Domestic Violence Situations: With approval of court, a tenant is allowed to terminate a lease prematurely in situations of domestic violence (N.Y. RPL §§ 237-c).
  • Retaliation: Landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a Government Authority, been involved in a tenant’s organization, or exercised a legal right. Courts will assume “retaliation” by landlord if negative action is taken on the tenant within 6 months after any of the prior tenant actions (N.Y. RPL §§ 223-b). A landlord who seeks to enforce such a fee, penalty or charge against a tenant because such tenant files a bona fide complaint with a building code officer regarding the condition shall be liable to the tenant for triple the amount of such fee, penalty or charge (N.Y. RPL §§ 223-b(5a)).

Court Related:

Business Licenses:

  • Business License Required: No state-wide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

State agencies & regulatory bodies

Housing Authorities

Realtor, Landlord, and Tenant Organizations

 

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736 CommentsLeave a Comment

  • Judy Brass

    I have received my new lease I rent the land for my trailer in one part of the lease he wants me to sign it says premises as -is the tenant accepts the lot in its current condition as-is I have a Buremum out front of my house because water rushes down under my trailer and cusses sink holes, I have a 5 ft sink hole in my back yard, and my trailer is sinking because of all the water rushing in during spring thaw. I have a sink hole under my porch now. Do I have to sign this lease or dose he have the right to put this in our lease

  • james fishman

    Your page is seriously outdated following the sweeping changes in June 2019 to NY’s rent laws. Are you updating? in the interim, a warning that the page is not current is in order.

  • gary snyder

    We have a new landlord who now insists on our signing a new lease which increases the late fee from 25.00 to 50.00 while the old lease hasn’t expired. He said because he is a new owner this is legal. I cannot agree. Do you have a law on this? This is in Rochester NY
    Thank you

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