Question 1

How much can a landlord charge for a security deposit in New York?

Accepted Answer

The deposit cannot exceed one month's rent. Narrow exceptions apply to seasonal units and some owner-occupied co-ops.

Question 2

How long does a landlord have to return a security deposit in New York?

Accepted Answer

Within 14 days after the tenant moves out, the landlord must return the deposit or provide an itemized statement of any amounts kept.

Question 3

How much notice does a landlord have to give before entering a rental in New York?

Accepted Answer

There is no New York statute setting a general notice period before a landlord enters. RPL article 7 (§§ 220-238): full-text search. Guidance: the Attorney General's guide says a landlord may enter with reasonable prior notice, at a reasonable time and with the tenant's consent, for repairs or services or as the lease allows, and without notice in an emergency.

Question 4

How much notice does a landlord need to give to raise the rent in New York?

Accepted Answer

For a rent increase of 5% or more, or a non-renewal, the landlord must give written notice. The notice period depends on how long the tenant has lived there or the lease term: at least 30 days if under 1 year, 60 days for 1–2 years, and 90 days for 2 years or more.

Question 5

Can a landlord charge a late fee in New York, and how much?

Accepted Answer

A late fee may be charged only if rent is more than 5 days late. It is capped at $50 or 5% of the monthly rent, whichever is less.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in New York?

Accepted Answer

14 days' written notice demanding the rent or possession before a nonpayment proceeding. It must include the good cause eviction law notice (RPL § 231-c).

Question 7

Can cities in New York pass rent control?

Accepted Answer

No preemption. Under the ETPA, whether a housing emergency exists "shall be a matter for local determination within each city, town or village" (ETPA § 3(a)). Since the 2019 amendments (L. 2019, ch. 36), the act may be adopted by localities statewide (ETPA § 14), not only in New York City and Nassau, Rockland and Westchester counties.

Question 8

How much notice is needed to end a month-to-month tenancy in New York?

Accepted Answer

Landlord (unregulated units): 30 days' notice if the tenant has been there under 1 year, 60 days for 1–2 years, 90 days for 2+ years. Outside New York City, a tenant must give 1 month's notice.

Question 9

Does a landlord have to pay interest on a security deposit in New York?

Accepted Answer

Deposits are held in trust. For buildings with 6 or more units, the landlord must keep the deposit in an interest-bearing New York bank account. The landlord may keep 1% a year for administration. The remaining interest belongs to the tenant and is held in trust, credited to rent, or paid out each year.

Question 10

Is a move-in or move-out inspection checklist required in New York?

Accepted Answer

After the lease is signed and before move-in, the landlord must offer the tenant a joint inspection. If the tenant requests one, the parties sign a written agreement on the unit's condition. The landlord must also offer a pre-move-out inspection.

Question 11

Is landlord retaliation illegal in New York?

Accepted Answer

A landlord may not retaliate against a tenant's good-faith complaint by serving a notice to quit, suing for possession, substantially changing the tenancy terms, or refusing renewal or offering it only with an unreasonable rent increase. If such action comes within one year of a complaint, retaliation is presumed (rebuttable). Tenants can sue for damages, attorney's fees and injunctive relief.

Question 12

Can a landlord change the locks or shut off utilities in New York?

Accepted Answer

Evicting an occupant of 30 days or more (or anyone with a lease) without a court warrant or order is unlawful. This includes force, cutting essential services, removing belongings or the door, disabling or changing the lock without giving a key. The owner must restore the occupant on request. It is a class A misdemeanor with a civil penalty of $1,000 to $10,000 per violation, plus up to $100 a day (for up to six months) for failing to restore the occupant. Statute text: "It shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer" (RPAPL § 768(1)(a)).

Question 13

What can a tenant do if the landlord won't make repairs in New York?

Accepted Answer

Every residential lease includes a warranty that the premises are fit for human habitation and free of dangerous conditions. Tenants can seek a rent abatement or damages for a breach.

Question 14

What disclosures must a landlord give tenants in New York?

Accepted Answer

Every initial lease, renewal and non-renewal or rent-increase notice must include the state Good Cause Eviction notice stating whether the unit is covered and, if not, why (RPL § 231-c). Landlords must give written rent receipts for cash and other non-personal-check payments, and for checks on written request. If rent hasn't been received within 5 days of the due date, the landlord must send the tenant a certified-mail notice. Failing to do so is a defense in a nonpayment eviction (RPL § 235-e).

Question 15

What can a landlord do with property a tenant leaves behind in New York?

Accepted Answer

When a tenant is evicted, the landlord must allow a reasonable time to remove belongings and may not keep the tenant's personal belongings or furniture.

Question 16

Can a tenant break a lease early for domestic violence or military service in New York?

Accepted Answer

A domestic-violence victim who reasonably fears staying can end the lease with written notice. The termination date must be at least 30 days after delivery. Notice sent by first-class mail counts as delivered 5 days after mailing.

Question 17

Is there a grace period before a late fee can be charged in New York?

Accepted Answer

No late fee may be charged unless rent remains unpaid 5 days after the due date.

Question 18

How much can a landlord charge for a rental application fee in New York?

Accepted Answer

Application or other upfront fees are banned except background and credit check fees, which are limited to actual cost or $20, whichever is less, and waived if the applicant provides a check from the past 30 days.

Question 19

Can a landlord refuse Section 8 or other source of income in New York?

Accepted Answer

Lawful source of income is a protected class in New York housing.

Question 20

Does a landlord have to give notice before not renewing a lease in New York?

Accepted Answer

Before not renewing a tenancy, or renewing with a rent increase of 5% or more, the landlord must give written notice of 30, 60 or 90 days depending on how long the tenant has lived there or the lease length. If notice is late, the tenancy continues until the notice period runs.

Question 21

What is the domestic violence early termination rule in New York?

Accepted Answer

A tenant who is, or whose household member is, a domestic violence victim and reasonably fears staying may end the lease and leave under the statute's notice procedure. Code text: "where a tenant or a member of the tenant's household is a victim of domestic violence."

Question 22

What is the military lease termination (federal scra, all states) rule in New York?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 23

What federal protections does a tenant have after foreclosure in New York?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 24

Does a landlord have to provide smoke and carbon monoxide detectors in New York?

Accepted Answer

Every one or two-family dwelling, and condo or co-op units, must have an operable smoke alarm audible in each sleeping room and an operable carbon monoxide detector. Owners of multiple dwellings must equip each apartment with approved smoke detecting devices.

Question 25

What is the warranty of habitability in New York?

Accepted Answer

Every residential lease includes a warranty that the premises are fit for human habitation and free of conditions dangerous to life, health or safety. Tenants cannot waive it.

Question 26

What is the tenant relocation assistance rule in New York?

Accepted Answer

New York requires relocation help only for rent-stabilized tenants when an owner gets state approval (from the Division of Housing and Community Renewal, DHCR) to refuse lease renewal in order to demolish the building. The DHCR must require the owner to pay all reasonable moving expenses and give the tenant a reasonable time to vacate, and it conditions its order on a reasonable stipend and/or relocation to a suitable unit at the same or lower regulated rent nearby (9 NYCRR 2524.5(a)(2)). New York's general landlord-tenant law (Real Property Law article 7) has no relocation assistance requirement.

Question 27

What happens if a tenant stays after the lease ends in New York?

Accepted Answer

A tenant holding over after a term longer than one month does not create a new term just by staying. If the landlord accepts rent after the term ends, a month-to-month tenancy results unless agreed otherwise.

Question 28

What happens to the lease when a tenant dies in New York?

Accepted Answer

The executor or representative of a deceased tenant may ask the landlord to consent to assigning or subletting the lease. The landlord must answer within 30 days, and if consent is unreasonably refused the estate is released from the lease.

Question 29

What is the deposit bank holding / separate account rule in New York?

Accepted Answer

Security deposits remain the tenant's money, must be held in trust, and may not be mixed with the landlord's personal funds.

Question 30

What is the tenant buyout disclosures rule in New York?

Accepted Answer

No state statute requiring disclosures for tenant buyout agreements was found in New York's Real Property Law article 7 (landlord and tenant, §§ 220 to 238-a), reviewed by full-text search. Scope: article 7 only; rent stabilization regulations and New York City local laws, which may regulate buyout offers, were not searched for this entry.

Question 31

What is the scra / military lease termination rule in New York?

Accepted Answer

A tenant who enters military service after signing a lease may end it by written notice to the landlord. For monthly rent, termination takes effect 30 days after the next rent due date following the notice.

Question 32

What is the right to cure / redeem rule in New York?

Accepted Answer

In an eviction based on a claimed breach of the lease, the court must grant a 30-day stay of the warrant so the tenant can correct the breach.

Question 33

What rights does a tenant have after foreclosure in New York?

Accepted Answer

After a foreclosure, a tenant in a unit not under rent control or stabilization may stay for the greater of 90 days from notice or the rest of the lease term, in most cases.

Question 34

Does a landlord need just cause to evict in New York?

Accepted Answer

Under the Good Cause Eviction Law, a landlord may not remove a tenant from covered housing without a court order based on a listed good cause, even after the lease ends. It covers New York City and localities that opt in, with many exemptions.

Question 35

What disclosures must a landlord give in New York?

Accepted Answer

Landlords must attach or include a notice telling the tenant whether the Good Cause Eviction Law applies, on initial and renewal leases and certain notices and petitions.

Question 36

Can a tenant withhold rent for repairs in New York?

Accepted Answer

In a nonpayment case, if conditions are dangerous or amount to a partial constructive eviction (for example, shown by a code enforcement notice or order), the court may pause the case. The tenant must deposit the rent then due with the court clerk to get the stay, and keep depositing within 5 days of each due date. No stay if the tenant caused the condition.

Question 37

How does the eviction court process work in New York?

Accepted Answer

A tenant or lawful occupant can be removed only through a court special proceeding. The notice of petition and petition must be served 10 to 17 days before the hearing (different timing applies to nonpayment cases under RPAPL 732). After a final judgment for the landlord, the court issues a warrant to a sheriff, marshal or constable to remove the occupants.

Question 38

What is the eviction notices for other grounds (lease violation, no-fault) rule in New York?

Accepted Answer

To end a tenancy or not renew (or to raise rent 5% or more at renewal), the landlord must give written notice of at least 30 days if the tenant has lived there under 1 year, 60 days for 1 to 2 years, and 90 days for 2 years or more (based on total occupancy or lease length, whichever is longer).

Question 39

Does New York have rent control?

Accepted Answer

Rent stabilization under the Emergency Tenant Protection Act applies in New York City and, elsewhere, only in a city, town or village whose legislative body declares a housing emergency after a public hearing, which it may do when the vacancy rate is 5% or less (ETPA § 3). The act excludes buildings with fewer than six units and buildings completed or substantially rehabilitated on or after January 1, 1974 (ETPA § 5(a)(4), (5)). Localities that have adopted it include Nassau, Rockland and Westchester counties and the City of Kingston (DHCR Fact Sheet #8). Statute text: "A declaration of emergency may be made as to any class of housing accommodations if the vacancy rate for the housing accommodations in such class within such municipality is not in excess of five percent".

Question 40

What are the Airbnb / short-term rental rules in New York?

Accepted Answer

In class A multiple dwellings (generally buildings with three or more units), units may be used only for permanent residence, meaning occupancy by the same person or family for 30 consecutive days or more, with limited exceptions such as house guests.

Question 41

What is the rental / transient occupancy tax rule in New York?

Accepted Answer

New York State sales tax applies to the rent for every occupancy of a hotel room or short-term rental unit, except for permanent residents or rent of $2 a day or less. Local occupancy taxes may also apply.

Question 42

Can a landlord deny a tenant for criminal or credit history in New York?

Accepted Answer

A landlord may charge a prospective tenant only the actual cost of a background and credit check or $20, whichever is less, and must give the tenant a copy of the check and the receipt. The fee is waived if the tenant provides a check done within the past 30 days. A landlord also may not refuse to rent or offer a lease because the applicant was involved in a past or pending landlord-tenant case; checking court records or a tenant screening bureau and then refusing to rent creates a rebuttable presumption of a violation (RPL § 227-f).

Question 43

How much does it cost to file an eviction in New York?

Accepted Answer

Filing fees for a summary eviction proceeding (issuing a notice of petition) are $45 in New York City Civil Court and in city courts outside New York City, and $20 in town and village justice courts.

Question 44

What is the property manager licensing rule in New York?

Accepted Answer

A person who collects or attempts to collect rent for others for a fee falls within the definition of a real estate broker, and acting as a broker requires a state license.

Question 45

What is the pet deposits/fees & service/esa animals rule in New York?

Accepted Answer

No separate pet deposit statute was found in N.Y. Gen. Oblig. Law § 7-108. Any deposit or advance, including one taken for a pet, counts toward the one-month-rent cap on deposits.

Question 46

Can a tenant fix something and deduct it from rent in New York?

Accepted Answer

No state statute authorizing tenants to repair and deduct the cost from rent was found in N.Y. Real Prop. Law § 235-b or RPAPL § 755. The statutory remedies are the warranty of habitability and rent deposit in court.

Question 47

Do landlords need a rental license or registration in New York?

Accepted Answer

In New York City and other places where the Multiple Dwelling Law applies, every owner of a multiple dwelling (and any lessee or agent in control) must file a registration with the city housing department giving names, addresses and a description of the building.

Question 48

Can the city inspect my rental property in New York?

Accepted Answer

In New York City, the housing department must issue owners of multiple dwellings a certificate of inspection visits, and Multiple Dwelling Law requirements are enforced by the local department charged with multiple dwelling enforcement.

Question 49

What is the eviction record sealing rule in New York?

Accepted Answer

There is no New York statute that seals or suppresses eviction court records. RPL article 7 and the RPAPL sections captured were reviewed by full-text search. Separately, RPL § 227-f bars landlords from refusing to rent because of a past or pending landlord-tenant case (see Criminal and credit history).

New York landlord-tenant law FAQ