Blog | Landlord Tips & News by Underground Landlord
#1 Landlord Community
← All States
NY

New York Landlord-Tenant Laws

Last Updated: 2026-02-12 | Effective: 2025-01-01

Security Deposit Return Timeline

N.Y. Gen. Oblig. Law § 7-108(1-a)(e)
⏰ Timeline

14 days after tenant vacates premises

✅ Key Requirements
  • Landlord must return entire security deposit OR provide itemized statement within 14 days
  • Timeline begins when tenant vacates, not when lease ends
  • Itemized statement must indicate basis and amount of all deductions
  • CRITICAL: If landlord fails to provide statement and deposit within 14 days, landlord FORFEITS right to retain ANY portion of deposit
  • This is among the shortest deposit return timelines in the nation
  • +2 more requirements
View Full Statute →

Permitted Security Deposit Deductions

N.Y. Gen. Oblig. Law § 7-108(1-a)(b)
⏰ Timeline

N/A

✅ Key Requirements
  • Landlord may deduct for: unpaid rent, damage beyond normal wear and tear, unpaid utilities payable to landlord, moving/storage of tenant's belongings
  • CANNOT deduct for ordinary wear and tear
  • CANNOT deduct for damage caused by prior tenant
  • All deductions must be reasonable and itemized
  • Burden of proof on landlord to show deductions are reasonable
  • +1 more requirements
View Full Statute →

Security Deposit Amount Limits

N.Y. Gen. Oblig. Law § 7-108(1-a)(a)
⏰ Timeline

N/A

✅ Key Requirements
  • General limit: 1 month's rent maximum
  • Applies regardless of length of tenancy
  • If rent increases during tenancy, landlord may collect additional amount to bring deposit to new 1-month level
  • Exception for owner-occupied cooperative apartments (different rules apply)
  • All deposits are refundable - no 'non-refundable' fees allowed as deposits
  • +1 more requirements
View Full Statute →

Security Deposit Interest Requirements

N.Y. Gen. Oblig. Law § 7-103
⏰ Timeline

Interest accrues annually and must be paid annually or at end of tenancy

✅ Key Requirements
  • Applies to buildings with 6 or more units
  • Landlord must hold deposit in interest-bearing account in New York State
  • Deposit must be kept separate from landlord's personal/operating funds
  • Landlord must pay interest to tenant annually OR at end of tenancy
  • Landlord may retain 1% administrative fee from interest earned
  • +2 more requirements
View Full Statute →

Tenant's Right to Pre-Move-Out Inspection

N.Y. Gen. Oblig. Law § 7-108(1-a)(d)
⏰ Timeline

Inspection must occur no earlier than 2 weeks and no later than 1 week before end of tenancy

✅ Key Requirements
  • Landlord must notify tenant of right to request pre-move-out inspection
  • Applies when tenant gives at least 2 weeks' notice
  • Tenant has right to be present at inspection
  • Inspection scheduled between 2 weeks and 1 week before tenancy ends
  • Landlord must give 48 hours' written notice of inspection date/time
  • +3 more requirements
View Full Statute →

14-Day Notice to Pay Rent or Quit

N.Y. Real Prop. Acts. Law § 711(2)
⏰ Timeline

14 days to pay rent or vacate

✅ Key Requirements
  • Landlord must serve written 14-day notice demanding rent payment
  • Notice must state exact amount of rent due
  • Prior to 2019 HSTPA, only 3 days required - now MUST be 14 days minimum
  • Notice must include Good Cause Eviction Law notice (§231-c) stating whether unit is covered
  • Oral rent demands no longer permitted
  • +3 more requirements
View Full Statute →

30-Day Notice for Lease Violations

N.Y. Real Prop. Acts. Law § 753(4)
⏰ Timeline

30 days to cure or vacate

✅ Key Requirements
  • Used for curable lease violations (not nonpayment of rent)
  • Notice must specify the objectionable conduct
  • Tenant has 30 days to cure the violation or vacate
  • If tenant cures within 30 days, eviction cannot proceed
  • Notice must be in writing
  • +2 more requirements
View Full Statute →

New York Eviction Process Overview

N.Y. Real Prop. Acts. Law Article 7
⏰ Timeline

Total process typically 45-90 days from notice to eviction

✅ Key Requirements
  • Step 1: Serve appropriate notice (14-day for nonpayment, 30-day for other violations, varies for lease termination)
  • Step 2: Wait for notice period to expire
  • Step 3: File petition in Housing Court (NYC) or local court
  • Step 4: Serve petition and notice of petition on tenant
  • Step 5: Tenant may answer; court hearing scheduled
  • +5 more requirements
View Full Statute →

Good Cause Eviction Law (Article 6-A)

N.Y. Real Prop. Law Article 6-A
⏰ Timeline

Effective April 20, 2024 in NYC; varies by locality

✅ Key Requirements
  • Applies automatically in New York City
  • Applies in other localities only if they opt in by local law
  • Landlord cannot evict, refuse to renew lease, or remove tenant without 'good cause'
  • Rent increases presumed unreasonable if exceed 10% OR (5% + CPI), whichever is lower
  • Does NOT apply to: small landlords (10 units or fewer), owner-occupied buildings with ≤10 units (4 in Albany), units built after 2009, high-rent units (>245% of Fair Market Rent, or 345% in some localities), rent-stabilized units, subsidized housing
  • +3 more requirements
View Full Statute →

Rent Increase Limits Under Good Cause Law

N.Y. Real Prop. Law § 216(1)(a)
⏰ Timeline

Annual; based on previous rent

✅ Key Requirements
  • Applies only in jurisdictions with Good Cause Eviction Law (NYC and opt-in localities)
  • Rent increase PRESUMED unreasonable if exceeds: 10% OR (5% + local CPI), whichever is LOWER
  • Landlord may rebut presumption by showing: utility costs, insurance, maintenance costs, property tax increases, significant repairs not caused by landlord's neglect
  • Tenant may challenge increase in court as unreasonable
  • Does not apply to initial rent for new tenant (no limit on starting rent)
  • +2 more requirements
View Full Statute →

Notice Requirements for Rent Increases

N.Y. Real Prop. Law § 238-a(1)
⏰ Timeline

30 days for month-to-month; 60 days for lease >1 year

✅ Key Requirements
  • 30 days' advance written notice required for month-to-month tenancies
  • 60 days' advance written notice required for tenancies over 1 year
  • Notice must be in writing
  • If Good Cause Law applies, notice must include Good Cause notice form (§231-c)
  • If increase exceeds Good Cause threshold, landlord should explain justification
  • +1 more requirements
View Full Statute →

Late Fee Limits and Requirements

N.Y. Real Prop. Law § 238-a(2)
⏰ Timeline

Cannot charge late fee until 5 days after rent due date

✅ Key Requirements
  • Rent is not considered 'late' until 5 days after due date
  • Landlord CANNOT charge late fee within first 5 days
  • Maximum late fee: $50 OR 5% of monthly rent, whichever is LESS
  • Late fee must be specified in lease
  • Important: Rent is not in 'default' for eviction purposes during 5-day grace period
  • +1 more requirements
View Full Statute →

Tenant's Right to Lease Renewal

N.Y. Real Prop. Law § 232-a, § 232-b; Article 6-A
⏰ Timeline

Varies - 30 to 90 days notice depending on circumstances

✅ Key Requirements
  • IN GOOD CAUSE JURISDICTIONS (NYC and opt-in localities): Tenant has right to renew lease OR continue month-to-month unless landlord has good cause to refuse renewal
  • OUTSIDE GOOD CAUSE AREAS: Landlord may terminate month-to-month tenancy with proper notice (30 days for tenancies <1 year, 60 days for 1-2 years, 90 days for 2+ years in some areas)
  • NYC specifics: 30 days notice if tenant <1 year, 60 days if 1-2 years, 90 days if 2+ years
  • Landlord does not need to give reason for non-renewal UNLESS Good Cause Law applies
  • If Good Cause applies, landlord must state specific good cause reason for non-renewal
View Full Statute →

30/60/90-Day Termination Notices

N.Y. Real Prop. Law § 226-c
⏰ Timeline

30, 60, or 90 days depending on length of tenancy and location

✅ Key Requirements
  • IN NYC, NASSAU, SUFFOLK, WESTCHESTER: 30 days for tenancies <1 year; 60 days for 1-2 years; 90 days for 2+ years
  • OUTSIDE THESE AREAS: Generally 30 days for month-to-month
  • Notice must be in writing
  • If Good Cause Law applies, landlord must include Good Cause notice and state reason for non-renewal
  • Without proper notice, termination is invalid
  • +1 more requirements
View Full Statute →

Prohibition Against Self-Help/Unlawful Eviction

N.Y. Real Prop. Acts. Law § 768
⏰ Timeline

N/A - always prohibited

✅ Key Requirements
  • Self-help eviction is BOTH a CRIME (Class A misdemeanor) and civil violation
  • Prohibited acts include: using/threatening force, intimidation, harassment, interrupting essential services, removing doors/locks, removing tenant's possessions, preventing occupancy
  • Even if tenant owes rent, landlord MUST use court eviction process
  • Only marshal or sheriff can physically remove tenant after court order
  • Criminal penalties: up to 1 year in jail and/or fine
  • +2 more requirements
View Full Statute →

Prohibition Against Utility Shutoff

N.Y. Real Prop. Acts. Law § 768(1)(a)
⏰ Timeline

N/A - always prohibited

✅ Key Requirements
  • Landlord CANNOT shut off utilities to force tenant to leave
  • Essential services include: heat, hot water, water, electricity, gas
  • Applies whether landlord controls utilities directly or indirectly
  • Even if tenant owes rent, landlord cannot shut off utilities
  • Brief interruptions for necessary repairs may be permitted if reasonable notice given
  • +1 more requirements
View Full Statute →

Warranty of Habitability and Landlord's Duty to Maintain

N.Y. Real Prop. Law § 235-b
⏰ Timeline

Landlord must maintain throughout tenancy; reasonable time to repair after notice

✅ Key Requirements
  • Implied in every residential lease (cannot be waived)
  • Landlord must maintain premises fit for human habitation
  • Includes: adequate heat and hot water, working plumbing, structural soundness, freedom from pests, working locks, no lead paint hazards
  • NYC has additional specific requirements (Administrative Code)
  • Tenant must notify landlord of defects
  • +2 more requirements
View Full Statute →

Rent Reduction for Breach of Habitability

N.Y. Real Prop. Law § 235-b(6)
⏰ Timeline

Applies during period of breach

✅ Key Requirements
  • If landlord breaches warranty of habitability, tenant entitled to rent reduction
  • Court determines reduced rental value during breach period
  • Tenant may raise as defense in nonpayment eviction case
  • Tenant may sue affirmatively for rent reduction/refund
  • Reduction applies from time tenant notified landlord until repair completed
  • +2 more requirements
View Full Statute →

Service Member's Right to Terminate Lease

50 U.S.C. §§ 3951-3959 (SCRA); N.Y. Mil. Law § 310
⏰ Timeline

30 days after first rent payment following notice delivery

✅ Key Requirements
  • Service member may terminate lease if: receives PCS orders, deploys for 90+ days, enters active duty, separates/retires from service
  • Must provide written notice to landlord
  • Must provide copy of military orders
  • Termination effective 30 days after first rent date following notice
  • Landlord cannot charge early termination fee
  • +3 more requirements
View Full Statute →

Domestic Violence Victim's Right to Terminate Lease

N.Y. Real Prop. Law § 227-c
⏰ Timeline

30 days' written notice required

✅ Key Requirements
  • Tenant who is victim of domestic violence may break lease without penalty
  • Must provide at least 30 days' written notice to landlord
  • Must provide documentation: order of protection, police report, court record, medical or social services record, sworn statement from service provider
  • Landlord cannot charge early termination fee
  • Tenant only liable for rent through termination date (30 days after notice)
  • +3 more requirements
View Full Statute →

Reduce Your Risk Before Signing a Lease

New York landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in New York — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need New York's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.

New York Legal Forms

State-specific landlord forms powered by LawDepot. Affiliate links — we may earn a commission at no extra cost to you.

⚖️ Eviction Notice

$29

Official eviction notice with proper legal language and state-specific requirements.

Get Form →

📝 Lease Agreement

$29

Complete state-specific residential lease agreement with all required disclosures.

Get Form →

📈 Rent Increase Letter

$19

Compliant notice of rent adjustment with correct timing requirements.

Get Form →

🚪 Notice to Vacate

$19

Lease termination letter following proper state procedures and notice periods.

Get Form →

✅ Move-in Checklist

$9

Property condition documentation form to protect against deposit disputes.

Get Form →

🔍 Browse All Forms

500+

Explore LawDepot's complete catalog of landlord forms, agreements, and documents.

Browse Forms →

Need Help Understanding These Laws?

Join Underground Landlord for expert guidance, tools, and community support.

View Membership Options →