New York, and especially New York City, has some of the most complex rental laws in the country, which can easily trip up new and veteran landlords alike. That’s why it’s so important to understand New York landlord-tenant law and the state and local rules that shape the rental relationship.
Knowing landlord responsibilities and New York renters’ rights can help prevent small, avoidable issues from turning into damaging disputes. The laws we’ll discuss below shape everything from lease terms and security deposits to repairs and evictions, and aim to give landlords a clear framework for everyday rental decisions.
New York landlord-tenant law gives landlords several important responsibilities that impact routine property management duties and bigger issues. Here’s what to know:
We’ll cover these landlord responsibilities in more detail later in this article, including deadlines, exceptions, and the New York statutes that govern these duties.
Learn more: Guide to Landlord-Tenant Relationships
Just as landlords have responsibilities, New York renters’ rights cover housing conditions, landlord access, security deposits, and more:
Throughout this article, we’ll walk through these New York renters’ rights and the laws behind them, from deposit accounting and repair remedies to entry limits and the eviction process itself.
Learn more: Guide to Tenant Rights & Responsibilities
Application fee limits: New York landlords can’t charge an application fee beyond a background and credit check, at actual cost up to $20, and must provide the reports with a receipt or invoice. For qualifying reports under 30 days old, the fee is waived (N.Y. Real Prop. Law § 238-a).
Screening criteria: Landlords can review credit, rental, and criminal history as allowed by local laws, but cannot reject an applicant over a past or pending landlord-tenant case (N.Y. Real Prop. Law § 227-f).
Look-back limits: New York landlord-tenant law does not limit look-back periods statewide. In New York City, landlords can consider qualifying felonies within 5 years of release or sentencing and misdemeanors within 3 years, only after making a conditional housing offer (N.Y.C. Admin. Code § 8-102a, § 8-107(5)(o)).
Source-of-income protections: New York protects tenants against discrimination based on lawful source of income, so in most cases, landlords can’t reject an applicant who pays rent with a Section 8 voucher or other housing assistance (N.Y. Exec. Law § 292, § 296).
Adverse action notices: When a landlord denies housing based on a consumer report, they must issue an adverse action notice naming the reporting agency, noting that the agency didn’t make the decision, and explaining the tenant’s rights (15 U.S.C. § 1681m).
Free resources: Send Rental Applications & Screen Tenants Online
Federal protected classes: The federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability (42 U.S.C. § 3604).
State-added classes: In addition to the federally protected classes, New York landlords cannot discriminate based on age, marital status, military status, lawful source of income, citizenship or immigration status, sexual orientation, gender identity or expression, and domestic violence victim status (N.Y. Exec. Law § 296(5)(a)).
Accommodations and modifications: State law requires landlords to make qualifying disability-related accommodations and allow tenants with disabilities to pay for reasonable modifications. Remember, assistance animals aren’t pets, so landlords can’t charge pet fees or deposits.
Where the need or disability isn’t apparent, a landlord may request supporting information, though they can’t ask for detailed medical records (N.Y. Exec. Law § 296(18), 42 U.S.C. § 3604(f)).
Advertising language: Phrases like “no Section 8,” “sober household preferred,” or “no children” can violate fair housing laws by expressing a protected-class preference, regardless of a landlord’s intention (42 U.S.C. § 3604(c)).
Filing deadlines: Tenants must make complaints of discrimination to the New York State Division of Human Rights within 3 years of the discriminatory act, or the U.S. Department of Housing and Urban Development within 1 year (N.Y. Exec. Law § 297(5), 42 U.S.C. § 3610).
Learn more: How to Screen Applicants Fairly
Statute of frauds: A lease longer than 1 year must be written and signed by the party facing enforcement. Shorter, verbal lease agreements are also valid (N.Y. Gen. Oblig. Law § 5-703).
Lease terms: A lease should name the premises, parties, rent amount, and duration. Residential leases must use clear language, and font sizes under 8 points may be inadmissible in court.
Initial and renewal leases must include the Good Cause Eviction Law notice (N.Y. Gen. Oblig. Law § 5-702, N.Y. C.P.L.R. § 4544, N.Y. Real Prop. Law § 231-c).
Void clauses: A lease can’t waive or modify the warranty of habitability. Clauses excusing landlord negligence are void, as are jury-trial waivers in personal injury or property damage actions (N.Y. Real Prop. Law § 235-b, N.Y. Gen. Oblig. Law § 5-321, N.Y. Real Prop. Law § 259-c).
Default rules: Non-rent-regulated tenants who pay monthly rent but don’t have a lease are typically considered to have month-to-month tenancies, which can be terminated with 30, 60, or 90 days’ notice based on occupancy or lease history (N.Y. Real Prop. Law § 226-c).
Renewal and holdover: Automatic renewal clauses require landlords to send a reminder 15 to 30 days before the cancellation deadline.
After a term longer than 1 month, accepting rent will typically create a month-to-month tenancy. Good Cause regulations may restrict nonrenewal of covered units (N.Y. Gen. Oblig. Law § 5-905, N.Y. Real Prop. Law § 232-c, § 215).
New York-specific leases: Custom Online Lease Builder
New York landlords must disclose several pieces of information to tenants. In addition, New York City law requires even more disclosures.
Learn more: Online Lease Agreement Template
Deposit cap: New York landlord-tenant law limits residential security deposits to 1 month’s rent, including rent-stabilized units. Exceptions apply to seasonal-use dwellings and owner-occupied cooperative apartments (N.Y. Gen. Oblig. Law § 7-107, § 7-108).
What counts toward the cap: Prepaid rent, pet deposits, and any other refundable fees all count toward the security deposit cap. Separate move-in fees are also restricted (N.Y. Gen. Oblig. Law § 7-108, N.Y. Real Prop. Law § 238-a).
Accounts and interest: Landlords are required to store tenants’ security deposits separately from their own funds.
Properties that have six or more family dwelling units require landlords to use an interest-bearing New York bank account, and interest is typically paid to the tenant after a 1% annual administrative allowance (N.Y. Gen. Oblig. Law § 7-103).
Return deadline: Landlords have to return the remaining security deposit funds within 14 days of the tenant moving out, not the lease-end date or the date the tenant sent a forwarding address (N.Y. Gen. Oblig. Law § 7-107(6), § 7-108(1-a)(e)).
Itemized statements: If a landlord withholds any of the security deposit, they must prepare and send an itemized statement within the same 14-day period. If the landlord misses that window, they forfeit their right to keep any of the deposit (N.Y. Gen. Oblig. Law § 7-107(6), § 7-108(1-a)(e)).
Wear versus damage: Faded paint and carpet worn through ordinary use count as normal wear and tear, which landlords cannot pay for using security deposit funds. A large wall hole or a fixture broken through misuse, on the other hand, may count as tenant damage.
Wrongful withholding: Tenants may recover actual damages if a landlord unlawfully withholds security deposit funds. A willful violation can also result in punitive damages of up to twice the deposit (N.Y. Gen. Oblig. Law § 7-107(8), § 7-108(1-a)(g)).
Learn more: How Security Deposits Work
Due date and payment: Lease terms determine rent due dates and payment methods. Landlords can’t require electronic payment, and cash payments require a landlord’s written receipt (N.Y. Real Prop. Law § 235-e, § 235-g).
Grace period: New York landlord-tenant law doesn’t allow late fees until rent is 5 days late. Landlords must also send written notice by certified mail at that point, or the tenant gains a defense in a nonpayment case (N.Y. Real Prop. Law § 238-a, § 235-e).
Late fee cap: A residential late fee can’t exceed either $50 or 5% of monthly rent, whichever is less.
Partial payments: Partial rent payments alone don’t stop a nonpayment eviction in New York. However, if a tenant being evicted for nonpayment pays the full amount of missing rent before the warrant is executed, they can stop the eviction from proceeding (N.Y. Real Prop. Acts. Law § 711, § 731).
Helpful tool: Collect Rent Online for Free
Notice periods: Increases of 5% or more require 30, 60, or 90 days’ written notice, based on either the tenant’s total occupancy or lease term length, whichever is longer (N.Y. Real Prop. Law § 226-c).
Mid-lease increases: A landlord typically can’t raise rent mid-lease unless the lease explicitly allows it or the tenant agrees in writing.
Amount caps: No single statewide limit applies to all rental properties. For covered Good Cause units, increases above the lower of 5% plus inflation or 10% are presumptively unreasonable, but not prohibited outright (N.Y. Real Prop. Law § 211, § 216).
Delivery: New York landlord-tenant law does not mandate a specific delivery method for rent increase notices. The notice needs to include or append the required Good Cause notice, however (N.Y. Real Prop. Law § 231-c).
Retaliation and discrimination: Landlords can’t raise rent unreasonably in retaliation for good-faith housing complaints, rights enforcement, or tenant organizing. Discriminatory increases may also violate state human rights law (N.Y. Real Prop. Law § 223-b, N.Y. Exec. Law § 296).
Learn more: Guide to Rent Increase Laws
Statewide status: Yes. New York authorizes rent control and stabilization, but neither applies to every rental. Whether or not these rules apply depends on the unit’s location and regulatory status (N.Y. Emergency Tenant Protection Act §§ 3, 5).
State preemption: New York landlord-tenant law doesn’t broadly prohibit local rent stabilization. Qualifying cities, towns, and villages may adopt the Emergency Tenant Protection Act after declaring a housing emergency.
Municipal caps: In New York City, rent-stabilized leases starting through Sept. 30, 2026, allow 3% for 1-year and 4.5% for 2-year terms. Leases starting Oct. 1, 2026, through Sept. 30, 2027, get 0% (N.Y.C. Rent Guidelines Board Orders No. 57 and 58).
Learn more: How to Raise Rent Legally
Implied warranty of habitability: New York landlord-tenant law requires residential rentals and common areas to stay fit for human habitation, free of conditions that are dangerous or harmful to life, health, or safety (N.Y. Real Prop. Law § 235-b).
Covered conditions: In covered multiple dwellings, state law requires working heat, running and hot water, plumbing, structural solidity, vermin control, and electricity (N.Y. Mult. Dwell. Law § 75, § 77, § 78, § 79, § 80, N.Y. Real Prop. Acts. Law § 796-b).
Tenant notice: No universal written notice is needed for ordinary habitability claims. A rent reduction, however, requires the tenant to give their landlord actual or constructive notice and a reasonable amount of time to fix the condition.
Response deadlines: New York landlord-tenant law imposes no statewide response deadline for repairs. Certain dangerous conditions that last for at least 5 days can lead to a special tenant proceeding for repairs and rent deposits (N.Y. Real Prop. Acts. Law § 796-b).
Tenant remedies: New York does not have a general repair-and-deduct right or dollar cap, though tenants may repair and deduct in limited circumstances.
Tenants may also withhold rent, raise a habitability defense, seek court-directed rent deposits, or surrender an untenantable home after casualty damage (N.Y. Real Prop. Acts. Law § 755, § 796-h, N.Y. Real Prop. Law § 227).
Helpful tool: Rental Property Maintenance Coordination
Advance notice: New York landlord-tenant law sets no statewide notice period, form, or delivery method for landlord entry. For nonemergency entry, landlords should give reasonable notice, enter at a reasonable time, and get the tenant’s consent.
Lawful reasons: A lease may allow the landlord to enter at reasonable times for repairs, inspections, services, or showings. Tenants who unreasonably refuse access for legally required repairs or a showing is a ground for removal (N.Y. Real Prop. Law § 216).
Emergency exception: Landlords may enter a rental unit without notice or consent in a true emergency, like a fire or an active water leak. However, suspecting a lease violation isn’t an emergency and doesn’t erase the tenant’s right to privacy.
Remedies: Repeated unauthorized entry can lead to court relief or damages. Conduct that’s meant to force a tenant to leave can trigger unlawful-eviction penalties, so landlords should instead seek a court order if a tenant unreasonably refuses access (N.Y. Real Prop. Acts. Law § 768, § 853).
Free form: 24-Hour Notice to Enter
No-cause notice periods: Nonrenewals, including for fixed-term leases, typically require 30, 60, or 90 days’ written notice by occupancy or lease length. Covered Good Cause units need a lawful reason for tenant removal or nonrenewal (N.Y. Real Prop. Law § 226-c, § 215).
Early termination: Qualifying service members can terminate their lease agreements early with written notice and military orders; domestic violence survivors must give notice, then provide qualifying documentation within 25 days.
After qualifying casualty damage, tenants can also surrender the untenantable home and stop owing rent from then on (50 U.S.C. § 3955, N.Y. Real Prop. Law § 227-c, § 227).
Eviction grounds: Grounds for eviction under New York landlord-tenant law include nonpayment, substantial lease violations, holdover after lawful termination, nuisance, and certain illegal uses.
Tenants can also be evicted from Good Cause units due to unreasonable refusal of lawful access or qualifying owner occupancy (N.Y. Real Prop. Acts. Law § 711, N.Y. Real Prop. Law § 216).
Notice by ground: An eviction for nonpayment requires a written 14-day Demand for Payment or Possession before filing (N.Y. Real Prop. Acts. Law § 711(2)).
Required cure periods also vary widely. For example, tenants in Good Cause units get 10 days to cure a substantial obligation or rule violation (N.Y. Real Prop. Law § 216(1)(b)).
Holdovers and nonrenewals follow the no-cause notice periods above. Illegal business uses don’t get a statutory cure period (N.Y. Real Prop. Acts. Law § 711(5)).
Curable versus unconditional: Nonpayment is curable through full payment before the hearing, while illegal-use grounds aren’t (N.Y. Real Prop. Acts. Law § 731(4)).
Filing through judgment: The landlord starts the court case by filing a Notice of Petition and Petition. The Notice of Petition tells the tenant when and where to appear in court, while the Petition explains why the landlord is seeking eviction. In most cases, these papers must be served 10 to 17 days before the hearing.
Answer rules depend on the court and type of eviction case. Tenants may respond orally or in writing, and contested cases can take substantially longer if the tenant raises defenses, requests an adjournment, or the case proceeds to trial (N.Y. Real Prop. Acts. Law § 731, § 733, § 743).
Writ of possession: The removal order is known as a Warrant of Eviction. A sheriff, marshal, or constable has to give the occupant at least 14 days’ written notice before execution, which must happen on a business day between sunrise and sunset (N.Y. Real Prop. Acts. Law § 749).
Self-help penalties: Changing locks, turning off essential services, removing doors, or seizing belongings to force out a protected occupant can constitute an unlawful eviction.
Intentional violations are a Class A misdemeanor and incur $1,000 to $10,000 in civil penalties per violation. Forcible or unlawful dispossession can support damages of three times the occupant’s losses (N.Y. Real Prop. Acts. Law § 768, § 853).
Learn more: New York Eviction Laws
Squatter, holdover, and guest distinctions: A squatter enters without permission, a holdover tenant stays past the end of a tenancy, and a guest enters a property with either permission from the landlord or the tenant, though this can be revoked at any time. Removal procedures and notice differ by status (N.Y. Real Prop. Acts. Law § 711, § 713).
Adverse possession elements: A squatter typically needs 10 years of actual, open and notorious, continuous, exclusive, and hostile possession under a claim of right to take ownership through adverse possession, a legal process that can transfer ownership to someone who occupies another person’s property long enough under specific conditions (N.Y. Real Prop. Acts. Law § 501, N.Y. C.P.L.R. § 212(a)).
Color of title: Adverse possession runs the same 10-year clock with or without a written instrument (N.Y. Real Prop. Acts. Law § 511, § 521).
Lawful removal routes: Owners can start a summary proceeding after a 10-Day Notice to Quit is issued and expires, though certain forcible or unlawful-entry cases don’t need that notice. Police may also take action if the occupant’s conduct meets criminal trespass requirements (N.Y. Penal Law § 140.10, § 140.15).
Practical likelihood: Adverse possession requires a significant time investment. You’re far more likely to face a long and complicated removal process than a successful adverse possession claim.
Inspect vacant properties regularly, secure doors and windows, and repair damaged locks. Also watch for signs of unauthorized occupancy, such as personal belongings or improvements. If you spot anyone, you’ll need to start the lawful removal process ASAP.
Learn more: New York Squatter’s Rights
Abandoned property: There is no statewide law regarding storage, notice, or a disposal period for belongings that a tenant voluntarily left behind. However, it’s still considered best practice to store abandoned belongings for a short time period and give notice before disposal.
Local ordinances: Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, Newburgh, Hudson, and Binghamton all have Good Cause protections. Municipalities that opt in can’t preempt or alter the Good Cause law’s terms (N.Y. Real Prop. Law § 213).
Smoke and CO detectors: Smoke alarms must be audible in sleeping areas. Additionally, qualifying homes need to have functional carbon monoxide alarms, and all battery-only alarms sold in the state must use sealed 10-year batteries.
Owners must install the required devices, while tenants in covered multiple dwellings typically maintain them (N.Y. Exec. Law § 378, N.Y. Mult. Dwell. Law § 68, N.Y. Gen. Bus. Law § 399-ccc).
Renters insurance: Lease agreements in New York can typically require renters insurance, with no state-mandated coverage limits. In rent-stabilized apartments, an owner may require insurance only if the vacancy lease already does.
Shared meters: Where a tenant’s gas, electric, or steam meter also serves shared areas, the owner typically absorbs the shared-area charges, with limited exceptions (N.Y. Pub. Serv. Law § 52).
Recent and pending changes: Since November 2025, rent-stabilized tenants have expanded deposit inspection and 14-day return protections. Common-space smoke-alarm requirements also took effect Dec. 31, 2025.
As of August 2026, a residential electric-submeter protection bill is pending (N.Y. Gen. Oblig. Law § 7-107, N.Y. Senate Bill S10530).
The following resources make it easy for tenants and landlords to find help with New York landlord-tenant law, renters’ rights, disputes, rent increases, and more:
New York landlord-tenant law is particularly tenant-friendly on habitability, deposits, retaliation, rent regulation, and evictions. The Good Cause Eviction rule also covers qualifying rentals in New York City and municipalities that have opted in, like Albany and Ithaca.
New York landlord-tenant law doesn’t require landlords to provide a certain amount of notice before entering a rental unit. Even so, landlords should still give reasonable notice and obtain the tenant’s consent for nonemergency entry, which should take place at a reasonable hour.
Emergencies, like a fire or a water leak, do not require advance notice before entry.
Most rentals, including rent-stabilized units, give landlords 14 days from move-out to return the remaining deposit with an itemized statement. Rent-controlled units follow separate rules.
Not for a rent increase of 5% or more. That would require giving 30, 60, or 90 days’ written notice, depending on the occupancy and lease length.
Notifications for smaller rent increases depend on lease agreement terms, rent regulation, Good Cause protections, and other local requirements.
There’s no fixed statewide timeline. Eviction cases could take anywhere between a few weeks to a few months. Once the Warrant of Eviction has been issued, the law enforcement officer conducting the lockout must provide at least 14 days’ notice before removal.
New York renters’ rights include habitable housing, reasonable privacy, proper deposit handling, freedom from unlawful discrimination and retaliation, and a lawful court process before eviction. Tenants in rent-regulated and Good Cause units benefit from additional rights.
Landlords may check a rental applicant’s credit, rental history, and criminal records where the law allows, but can’t reject anyone over a past or pending landlord-tenant case. New York City also restricts criminal-history checks for covered providers.
