NY
New York Landlord-Tenant Laws
Security Deposit Return Timeline
N.Y. Gen. Oblig. Law § 7-108(1-a)(e)
⏰ Timeline
14 days after tenant vacates premises
✅ Key Requirements
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- 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
Permitted Security Deposit Deductions
N.Y. Gen. Oblig. Law § 7-108(1-a)(b)
⏰ Timeline
N/A
✅ Key Requirements
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- 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
Security Deposit Amount Limits
N.Y. Gen. Oblig. Law § 7-108(1-a)(a)
⏰ Timeline
N/A
✅ Key Requirements
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- 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
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
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- 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
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
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- 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
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
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- 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
30-Day Notice for Lease Violations
N.Y. Real Prop. Acts. Law § 753(4)
⏰ Timeline
30 days to cure or vacate
✅ Key Requirements
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- 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
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
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- 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
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
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- 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
Rent Increase Limits Under Good Cause Law
N.Y. Real Prop. Law § 216(1)(a)
⏰ Timeline
Annual; based on previous rent
✅ Key Requirements
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- 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
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
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- 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
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
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- 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
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
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- 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
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
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- 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
Prohibition Against Self-Help/Unlawful Eviction
N.Y. Real Prop. Acts. Law § 768
⏰ Timeline
N/A - always prohibited
✅ Key Requirements
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- 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
Prohibition Against Utility Shutoff
N.Y. Real Prop. Acts. Law § 768(1)(a)
⏰ Timeline
N/A - always prohibited
✅ Key Requirements
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- 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
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
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- 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
Rent Reduction for Breach of Habitability
N.Y. Real Prop. Law § 235-b(6)
⏰ Timeline
Applies during period of breach
✅ Key Requirements
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- 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
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
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- 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
Domestic Violence Victim's Right to Terminate Lease
N.Y. Real Prop. Law § 227-c
⏰ Timeline
30 days' written notice required
✅ Key Requirements
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- 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