New York Landlord-Tenant Law Guide

Security deposits

Maximum amount

1 month’s rent maximum (statewide, per the Housing Stability and Tenant Protection Act of 2019).

Return deadline

14 days after the tenant vacates. Landlord must provide an itemized statement if any deductions are made.

Itemized deduction requirements

Landlord must return the deposit with an itemized statement of any deductions within 14 days. Failure to comply may result in the landlord forfeiting the right to claim deductions.

Notice requirements

Entry notice

Landlords must provide reasonable notice before entry. While older guidance described this as best practice, New York law requires advance notice for non-emergency access. 24 hours is the standard expectation.

Lease termination notice

For tenancies under 1 year: 30 days’ notice. For tenancies of 1–2 years: 60 days’ notice. For tenancies over 2 years: 90 days’ notice.

Rent increase notice

Same notice periods as lease termination apply to rent increases: 30 days (under 1 year), 60 days (1–2 years), 90 days (over 2 years). Rent-stabilized units have separate rules set by the Rent Guidelines Board.

Rent rules

Rent control

Rent stabilization applies to approximately 1 million units in New York City (buildings with 6+ units built before 1974 and certain other qualifying buildings). Rent control applies to a small number of pre-1947 units in NYC. Some municipalities in Westchester, Nassau, and Rockland counties also have rent regulations. Additionally, the Good Cause Eviction Law (effective April 2024) provides statewide eviction protections and limits on unreasonable rent increases for tenants in non-regulated units in municipalities that opt in.

Late fee regulations

Late fees may not exceed $50 or 5% of the monthly rent, whichever is less (per the 2019 HSTPA).

Payment methods

Landlords must accept personal checks, cashier’s checks, or money orders. If a tenant has defaulted on a check, the landlord may require certified payment for up to 3 months.

Eviction process

Notice to quit / cure period

14-day demand for rent for nonpayment. For holdover or lease violation, the notice period depends on the tenancy length (30/60/90 days as applicable).

Court filing

Petition filed in Housing Court (NYC) or local court. Court must schedule a hearing. Tenants have the right to appear and contest. In NYC, tenants in covered zip codes have a right to counsel.

Estimated timeline

Can range from several weeks to several months, depending on court backlog. NYC evictions often take longer due to tenant protections and court volume.

Maintenance & habitability

Implied warranty of habitability

Yes. New York Real Property Law §235-b provides a strong implied warranty of habitability. Landlords must maintain premises in a livable condition.

Repair response requirements

Landlords must address repairs within a reasonable time. In NYC, the city’s Housing Maintenance Code sets specific timelines for different categories of violations.

Tenant remedies

Tenants may withhold rent, repair and deduct, file complaints with local housing agencies (e.g., NYC HPD), or bring an HP proceeding in Housing Court.

Lease requirements

Required disclosures

• Lead-based paint disclosure (pre-1978 buildings)
• Window guard notice (NYC, if child under 10 in building)
• Bed bug infestation history (for the past year)
• Sprinkler system disclosure
• Stove knob cover notice (NYC, if child under 6)
• Smoke and carbon monoxide detector notice
• Air quality information (proximity to power plants, if applicable)
• Flood zone disclosure (NYC)

Lease term requirements

No statutory maximum lease length. Rent-stabilized leases must offer 1- or 2-year renewal terms. Oral leases are valid for terms under 1 year.

Required clauses

Rent-stabilized leases must include specific riders. All leases must comply with General Obligations Law regarding tenant rights.