New York landlord tenant law: the rules a landlord meets

New York security deposit law

Most you can take

1 month’s rentN.Y. Gen. Oblig. Law § 7-108(1-a)

Back to the tenant within

14 daysN.Y. Gen. Oblig. Law § 7-108(1-a)Itemised statement and any balance within 14 days after the tenant vacates; failing that, the landlord forfeits any right to retain any part of the deposit.

Rent and late fees

Late fee

5% or $50, as the statute words itN.Y. Real Prop. Law § 238-a$50 or 5% of monthly rent, whichever is less.

Grace period before a fee

5 daysN.Y. Real Prop. Law § 238-a

New York rent increase laws and rent control

Notice before a rent increase

30 daysN.Y. Real Prop. Law §§ 226-c, 211(7)-(8)An increase of 5% or more needs 30 days' written notice for under a year of occupancy, 60 days for one to two years and 90 days for over two years. New York City and some other towns have rent stabilization, and the Good Cause Eviction Law treats an increase above the lower of 5% plus CPI or 10% as presumptively unreasonable in New York City and towns that opt in.

Rent control

Local rent control allowedN.Y. Real Prop. Law §§ 226-c, 211(7)-(8)

Entering the property: notice to the tenant

Notice before you enter

No statute sets thisNo statute sets this

Ending a tenancy and eviction notices

Ending a month-to-month tenancy

30 daysN.Y. Real Prop. Law §§ 226-c, 232-a, 232-b30 days if the tenant has occupied under 1 year, 60 days for 1 to 2 years, 90 days for 2 years or more. Rent-stabilised units and places covered by the Good Cause Eviction Law (RPL Article 6-A) also need a statutory ground.

Unpaid rent

14 daysN.Y. Real Prop. Acts. Law §§ 711(2), 749(3)“14-day rent demand”Paying in full within the period stops itA written demand requiring payment or possession, with at least 14 days' notice, served as § 735 requires and carrying the Good Cause Eviction notice under Real Property Law § 231-c. Even after judgment the court must vacate the warrant if the full rent owed is paid or deposited before execution, unless withheld in bad faith.

Another breach of the lease

Could not be confirmedN.Y. Real Prop. Acts. Law § 711(1); N.Y. Real Prop. Law § 216“notice to cure”The statute does not say whether the breach can be fixedNo state statute sets a notice or cure period for a lease breach in private housing; the lease sets it, commonly 10 days. Rent-stabilized units follow DHCR regulations, and units under the Good Cause Eviction Law in New York City and opt-in towns may only be ended for a listed ground.

Lockouts and shutoffs

Banned: lockouts and utility shutoffsN.Y. Real Prop. Acts. Law § 768

The New York eviction process, step by step

Disclosures a New York lease has to carry

• The lease must state in bold type whether the premises has a maintained and operative sprinkler system and, if so, the last date of maintenance and inspection. (N.Y. Real Prop. Law § 231-a)
• The lease must disclose whether the premises is in a FEMA floodplain, Special Flood Hazard Area or Moderate Risk Flood Hazard Area, any known prior flood damage, and that renters' flood insurance is available through the NFIP. (N.Y. Real Prop. Law § 231-b)
• A landlord who places the deposit in a bank must tell the tenant in writing the name and address of the bank and the amount deposited. (N.Y. Gen. Oblig. Law § 7-103)