New York Landlord-Tenant Laws

As one of the largest states in the United States, New York is home to thousands of rental properties across the boroughs. 

As a property manager or landlord in New York, you already know the importance of following New York landlord-tenant laws—complying with these laws and regulations protects you, your properties, and your residents. 

But disregarding New York landlord-tenant laws can make it harder to enforce lease agreements, collect rent, or even file an eviction lawsuit. Familiarizing yourself with these regulations can help you stay on the right side of the law, avoid housing discrimination lawsuits, and navigate tricky situations. 

To help you get started, we’re covering the basics of New York landlord-tenant laws, including leases, security deposits, evictions, repairs, and more. 

Is New York a Landlord-Friendly State?

New York might seem landlord-friendly at first glance—after all, New York’s rental rates are some of the highest in the country. But most laws in New York are geared toward protecting tenants, while evictions are an expensive and drawn-out legal process. 

And on top of state laws, New York City has its own extensive legal playbook for landlords and renters. If you’re a landlord in New York City, you’ll need more legal support to navigate NYC-specific issues, like:

• Stricter laws around providing habitable living conditions through NYC’s Housing Maintenance Code
• Potentially drawn-out eviction battles in New York City’s Housing Court, which has long backlogs

• More regulations on rent stabilization and rent control that don’t apply to other rent regulation programs in New York

The rules surrounding rent stabilization and rent control are complex and can vary across the state. If you lease rent-regulated units, you can find guidance through New York State’s Office of Rent Administration.

New York Landlord Rights and Responsibilities

Just like renters, you have rights—and responsibilities—under New York landlord-tenant laws. What duty do you have to your tenants? And what are your tenants’ obligations to you? Read on for a basic breakdown. 

Your Rights

Your rights as a landlord in New York include the right to:

• Receive rent on time

• Expect that tenants do not damage your property or bother other residents

• Collect security deposits to cover unpaid rent and damage beyond normal wear and tear

• Pursue evictions for lease violations

Your Responsibilities

As a New York landlord, you must abide by New York landlord-tenant laws, which include:

• Providing a safe and livable unit according to the warranty of habitability

• Providing receipts if the tenant pays their rent by cash or when requested

• Providing written notice if you plan to end the lease or increase rent by more than 5%

• Returning security deposits within 14 days with an itemized list

• Responding to repair and maintenance requests in a reasonable timeframe

• Not discriminating or violating fair housing laws

New York Tenant Rights and Responsibilities

It may seem like the scales tip in the tenant’s favor in New York, but renters do have obligations to landlords to pay rent, maintain their units, and respect the community. Let’s explore their rights and responsibilities as a tenant.

Tenant Rights

New York tenants’ rights center on safety and privacy. Tenants have legal options if you violate these principles. Specifically, renters have the right to: 

• Live in a safe and sanitary unit in livable condition
• Receive repairs to their unit in a reasonable time
• Sue landlords for lease violations
• Privacy and quiet enjoyment in their home

Tenant Responsibilities

Of course, to enjoy those rights, tenants have accountability to landlords by:

• Paying rent on time
• Informing the landlord of any damage
• Paying for damage they create beyond normal wear and tear
• Maintaining the unit and making small repairs
• Not disturbing other renters

Rent Payment Laws in New York

As a landlord, you have the right to collect rent, and tenants have the responsibility to pay rent on time. Should a resident fail to pay their rent on time—within five days of the rent due date—you can charge a late fee.

But late fees have a cap. You can only charge $50 or 5% of the monthly rent, whichever is less. And even though tenants must pay rent, renters have the right to withhold rent in several situations: 

Repair-and-deduct. If a tenant makes you aware of a maintenance issue and you don’t fix it within a reasonable period, the tenant may pay for the repair themselves and deduct the cost from their rent payment.

Violating warranty of habitability. If the unit isn’t livable, the tenant may withhold rent. The process for withholding rent in this situation is complicated, but it’s best practice to keep all your units in a safe and clean condition.

Not notifying about late fees. If you don’t tell tenants about late fees, they can use this as a defense if you sue them for not paying rent. 

Make sure you’re also following rules and regulations around payment methods: 

• You must provide a written receipt if the tenant pays by cash or any method other than a personal check.
• You must provide a receipt if the tenant pays by personal check and requests a receipt.
• You can’t require tenants to pay rent electronically. If the tenant opts out of electronic billing, you can’t charge extra fees.

Pro tip: Because tenants have opportunities to withhold rent—and it may be difficult to evict them—use thorough tenant screening to find the best tenants for your property. 

Security Deposit Laws in New York

Security deposit laws in New York are fairly strict, with tight timelines, and they tend to favor the tenant. They can also vary depending on the number of units in the building. 

New York landlord-tenant laws allow you to collect security deposits, but there are limits on how much you can ask for. At most, you may collect one month’s rent as a security deposit.

This limit means you can’t also ask for the last month’s rent upfront, and you can’t collect additional deposits for pets.

Even though New York imposes a security deposit maximum, you can collect more of a deposit if you increase the rent. But you can only charge enough to match the new rent. 

As a landlord, you can never combine a tenant’s security deposit with your own funds. Always place security deposits in a completely separate account.

Interest-Bearing Accounts

If your building has six or more units, you have to place the security deposit into an interest-bearing account at the prevailing rate. You can also place the security deposit into an interest-bearing account if your building has fewer than six units, but it’s not required. 

An important note—if you do put the security deposit into an interest-bearing account, you must tell the tenant the bank’s name and address along with the deposit amount. 

Tenants can ask you to pay this interest to them annually, apply it to their rent, or pay it at the end of the lease term. If you pay the interest to the tenant, you can deduct 1% of the security deposit as an administrative fee. 

For example, if the tenant’s security deposit is $2,000 and you place it into an interest-bearing bank account paying 2%, the account will earn $40 during the year. You can deduct 1% of the total deposit, $20, and return the remaining $20 to the tenant. 

Returning the Deposit

Once the tenant moves out, the clock begins ticking. Landlords must provide an itemized statement of repairs and return the remaining security deposit within 14 days after move-out. Remember that this time limit begins when the tenant vacates, not when the lease ends. 

Staying within this period is an absolute must. If you don’t send the statement with the remaining deposit within 14 days, you can’t keep any portion of the deposit—you forfeit it. 

Additionally, tenants can request an inspection before moving out, and they have the right to be present at the inspection. Through the inspection, you must let tenants know what they need to fix or clean.

Tenants have the right to make repairs after the inspection and before vacating, so make sure to schedule inspections well before the tenant’s move-out date. 

Lease Termination Laws in New York

New York’s lease termination laws specify how much notice you must give a tenant before terminating a lease. These notice periods apply to both fixed-term (usually annual) and periodic (typically month-to-month) leases. 

Keep in mind that these periods will be different for rent-regulated units, which can vary across counties. 

If you want to raise the rent or end a lease, you have to give advance written notice. How much notice you must give depends on how long the tenant has lived in the unit: 

• Two or more years. 90 days’ notice. This rule also applies to two-year leases.
• More than one year. 60 days’ notice.
• Less than one year. 30 days’ notice.

You don’t need to give a reason why you’re terminating the lease or raising the rent, but you do need to provide enough warning. 

For month-to-month leases, you can begin the notice period at any point as long as the notice period covers the entire rent payment cycle. You can’t end a fixed-term lease early, so you’ll need to wait until the appropriate time before the lease end date to give notice about terminations or rent increases. 

If your tenant leaves before the lease ends, you must make a good-faith effort to fill the vacancy. If you sign a new lease for greater or equal rent, the lease with your previous tenant is now terminated. This means that your previous tenant is not liable for any remaining rent. 

In the same way that you cannot end an annual lease in the middle of its term, the same is true for a tenant. However, renters do have the right to break a lease in certain circumstances, such as uninhabitable conditions or landlord harassment.

If you’re dealing with a bad tenant and want to end the tenancy sooner, you will need to have “good cause.” And you’ll need to understand eviction laws in New York.

Eviction Laws in New York

Evictions in New York are complicated and can only proceed through the courts. Tenants have numerous defenses to fight and delay evictions. If you need to evict a tenant, become familiar with all applicable laws and regulations—legal counsel is advisable.

New York landlord-tenant laws provide broad protections to tenants from unfair evictions, partially thanks to the 2024 Good Cause Eviction Law. Under this law, landlords can only evict renters with a valid reason known as a “good cause.” 

As with other areas of New York landlord-tenant laws, the rules will differ for rent-regulated units. Check your local laws and consult a lawyer if you’d like to evict a tenant in a rent-regulated unit. 

If you do have good cause for evicting a tenant, you’ll need to provide a notice of termination. The type of notice will depend on the eviction reason: non-payment of rent and other lease violations.

Non-Payment of Rent

For tenants who haven’t paid rent, you can issue a 14-day notice to pay or quit telling the tenant they have 14 days to pay outstanding rent or leave. If the resident doesn’t pay or move out, you can file an eviction lawsuit after 14 days. 

Note that if you want to evict the renter for not paying rent, they might challenge the case based on an unreasonable rent increase. 

Other Lease Violations

If you want to evict your tenant for a lease violation, you’ll first need to issue a Notice to Cure, which informs the tenant that they must fix the issue. If your resident hasn’t resolved the problem, you can then provide a notice of termination. 

The notice of termination states that you’re ending the tenancy because the resident didn’t resolve the lease violation, and they have 30 days to move out. If they don’t leave after 30 days, you can begin eviction proceedings. 

But even if you win an eviction lawsuit, you can’t remove the tenant yourself—only law enforcement can. Trying to remove the tenant yourself can lead to civil penalties of up to $10,000. 

And any other means of trying to kick the tenant out could jeopardize your case. For example, if you turn off the utilities or change the locks—known as “self-help”—the tenant may be able to sue you for damages. 

These strict eviction laws are a strong reason to screen every tenant before you sign a lease agreement. Avoid potential risks and the ordeal of evictions by avoiding bad tenants in the first place with credit and background checks as well as income verification. 

Repair and Maintenance Laws in New York

New York landlord-tenant laws around repair and maintenance rely on the “Warranty of Habitability.” It’s a tenant right that’s inherent to every lease in the state—and, as a landlord, you can’t waive it in the lease agreement. 

The warranty of habitability means that every tenant has the right to a rental unit that’s safe, clean, and free of health hazards. You must make repairs if something essential breaks or a safety issue arises. 

If you don’t make a repair to resolve a warranty of habitability violation, the tenant has every right to sue you—and a court can order you to fix it. Here are some examples of issues that might breach a unit’s warranty of habitability, including: 

• Mold
• No water or heat (especially during cold winter months)
• Leaks or floods
• Electrical problems, like exposed or bad wiring
• Infestations of mice, rats, insects, etc.
• Broken appliances, such as stove, sink, fridge, oven, tub, toilet
• Poor ventilation
• Broken or missing smoke and carbon monoxide detectors
• Broken door locks

The warranty of habitability also applies to common areas in a building with three or more units. So, if there are issues in lobbies, mailrooms, or laundry facilities, landlords must address problems, like:

• Broken washing machines
• Missing or broken mailboxes
• Dangerous stairs
• Broken elevators
• Peeling paint in hallways
• Excessive trash or filth

However, maintaining a unit is a two-way street. Tenants must make repairs for damages they cause, so if they break something in their unit, they’re on the hook to fix it. 

Tenants are also responsible for minor maintenance, like replacing light bulbs and cleaning the unit. 

Landlords cannot retaliate against a tenant for notifying the landlord or a government agency about a warranty of habitability issue in good faith. Landlords shouldn’t try to evict, end the lease, or unreasonably raise rent on a tenant within one year of the complaint. 

Notice of Entry Laws in New York

New York doesn’t have a required minimum time to give notice before entering a unit. The best practice for non-urgent issues is to provide at least 48 hours written notice and to only enter the unit only during daytime hours on weekdays. 

You can enter the unit without notice in two situations: in true emergencies or if the tenant has abandoned the property. 

Because New York doesn’t have specific laws for notice of entry, it’s a good idea to include these details in the lease agreement. 

Additional New York Landlord-Tenant Laws

As a tenant-friendly state, New York has a few laws with extra protections for renters. Resident-focused resources, such as the New York Attorney General’s Tenant’s Rights Guides, can help you understand your role as a landlord and what tenants expect. 

Although this list isn’t comprehensive, here are a few key things to remember. 

Anti-retaliation

Many tenants’ rights laws focus on preventing harassment. Landlords aren’t allowed to retaliate through measures like: 

• Cutting off utilities, like heat or hot water
• Unreasonable rent increases
• Harassment through text or phone calls
• Bad faith evictions

Residents should be able to exercise their rights without fear of retaliation—these rights include joining a tenant’s rights group or informing the landlord or government agency about:

• Health and safety law violations
• Problems with warranty of habitability
• Rent gouging
• Civil rights violations

Subleasing

If your rental property has four or more units, your tenant has the right to sublet if they get your approval ahead of time. Restricting sublets in the lease agreement is invalid in court. 

You can reject a sublease on “reasonable grounds,” but the tenant may choose to sublet anyway. If a lawsuit comes up, the tenant might be able to recover court costs and attorney’s fees if a judge rules that you refused the sublet in bad faith. 

If you do accept a sublease, your primary tenant is still liable for lease obligations, including rent and damages. 

If your property has three or fewer units, your tenants don’t have a right to sublease, but they can still ask you. However, in this case, you have more leeway to refuse. The tenant’s only recourse would be to ask to get out of their lease after a 30-day notice period. 

Security and Crime Prevention

As a landlord in New York, you need to take basic precautions to promote safety and prevent crime in your units. If a tenant is the victim of a crime in the building or unit—and can prove that the building’s security was not well maintained—the tenant might be able to sue you for damages. 

Depending on the number of units and age, some buildings must have automatic self-closing and self-locking doors at all entrances. These entrances must be locked at all times—unless an attendant, like a door person, is on duty. 

If your building has eight or more units, it must have a two-way voice intercom system between every apartment and the front door. Tenants should be able to “buzz” the entrance door open for visitors. 

Also, anywhere tenants enter or move around the building must have sufficient lighting from sunset to sunrise. These areas include entrances, stairwells, and yards. As a landlord, you’ll need to install and maintain lighting in these areas. 

Mandatory Disclosures for New York

New York landlord-tenant laws mandate that landlords share important policies with tenants in certain circumstances: 

• If you’ve received a government report that says the air in the building has or could have high concentrations of volatile organic compounds, you must inform current and prospective tenants.
• If your building requires a certificate of occupancy, you must share a current certificate before lease signing.
• You must give all current and prospective tenants written notice that they can request reasonable accommodations for a disability. You’re required to post this notice in all vacant, available units, and you must give it to all current tenants within 30 days of their lease start date.
• Most buildings with three or more units require written notification of rights and responsibilities about smoke detectors, which can vary locally.

Beyond New York, federal law applies, too. If your building was built before 1978, you must disclose information about lead-based paint. 

What to Include in a Rental Agreement in New York

New York only requires written leases for 12 months or longer. But even if you don’t technically need a written lease, it’s crucial to have a written lease agreement—it protects both you and your tenants in the event of disputes. 

New York does have guidelines around lease quality. Lease agreements in New York can’t be written in legalese—the document must use common, everyday language with clear meaning. 

At a bare minimum, a rental agreement in New York should include: 

• Landlord name and address
• Tenant name(s) and current address
• Full address, including unit number
• Rent amount and rent due date
• Late fees
• Lease start and end dates
• Renewal and termination options
• Security deposit amount
• Which utilities are included
• Responsibility for repairs not covered by warranty of habitability
• Allowed alterations to the unit
• Notice of entry rules

 

Leases also can’t include certain terms—adding them to the lease could make the lease unenforceable, hurting your case in a lawsuit. In the lease, you shouldn’t: 

• Exempt yourself from liability for injuries or damages caused by landlord negligence

• Waive the warranty of habitability

• Waive the tenant’s right to a jury trial in a lawsuit that either you or the tenant brings against the other for personal injury or property damage

• Require tenants to pledge their household furniture as a security deposit for rent

• Exempt yourself from trying to find a new tenant if the current tenant leaves early

• Prevent a tenant from living with their immediate family members and/or one additional occupant and that occupant’s children

To get started, use a template for either a New York-specific fixed-term lease or a month-to-month lease and customize it to meet your needs. 

Consider asking a lawyer to review any template to ensure compliance with state and local laws. 

Stay Compliant to Build Better Landlord-Tenant Relationships in New York

As a tenant-friendly state, New York offers strong protections to renters. However, the laws aren’t one-way—tenants and landlords have mutual rights and responsibilities. While sometimes complicated, New York landlord-tenant laws protect you and your renters.

Make sure your lease is written in clear language that both you and your tenants understand. Follow all laws regarding mandatory disclosures and consult legal counsel to ensure you’re fully compliant.

We can’t cover the nitty-gritty of every New York landlord-tenant law, so look to reputable sources like Nolo and the New York State Bar Association for more guidance. 

And consider joining or contacting the National Apartment Association’s affiliates in New York, the Apartment Professional Trade Society of New York, and the Capital District Association of Rental Property Owners.