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State rental laws and regulations

Rental laws vary from state to state, so learn and follow your state laws. We have a comprehensive guide on landlord and renter state laws and regulations in all 50 states.

State Laws & Regulations

Rental laws vary from state to state. Select your state to learn more.

New York

Published

Mar 18, 2024

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the rental laws in New York handle everything from security deposits to termination notices so you can navigate these with ease.

This article is not intended to be exhaustive or a substitute for qualified legal advice. New York rental laws and statutes are always subject to change and may vary by county or city. You are responsible for performing your own research and complying with all New York laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in New York. The New York state bar association may have a referral service that can help you find a lawyer with experience in New York landlord-tenant law.

Official NY State Rules and Regulations

N.Y. Real Property Law – Article 7 §§ 220 to 238 – Landlord and Tenant
N.Y. Real Property Law – Article 7 §§ 701 to 767 – Summary Proceeding to Recover Possession of Real Property
N.Y. Real Property Law – Article 8 §§ 801 to 881 – Waste and Other Actions and Rights of Action for Injury to Real Property
N.Y. General Obligation Law §§ 7-103 to 7-109 – Money Deposited as Security to be Held in Trust in Certain Cases
[GUIDE] Office of the New York Attorney General--New York Tenants’ Rights Guide (PDF)

New York Security Deposit Laws:

Security Deposit Maximum: Maximum one month’s rent (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: The security deposit can be used to pay for damages caused by the tenant beyond normal wear and tear and to pay for unpaid rent (source).
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)).

New York 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).
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).
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 Re-rent: 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: A landlord 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,
- General Obligations Law § 5-321

New York Rental 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: 14 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).

New York 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 the 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:

New York Small Claims Court Limits: $5,000, except in Town and Village Courts where the limit is $3,000 (source).
Eviction Cases Allowed in Small Claims: No, eviction cases are handled in Civil Court or Housing Court.
New York City Small Claims Court
New York State Courts
New York State Judicial Districts
New York Attorney General
New York State Bar Association

Legal Aid

New York Business Licenses:

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