New York Landlord-Tenant Law Guide (2026)

Last reviewed: October 2026

⚠️ Important Legal Disclaimer

This guide is general information about New York State landlord-tenant law, not legal advice. Laws change, and New York City and other localities add their own rules. Always consult a qualified New York real estate attorney about your specific situation.

New York caps security deposits at one month’s rent and requires them back, with an itemized statement, within 14 days of move-out. Application fees are limited to $20 for background and credit checks, late fees to the lesser of $50 or 5% of rent, and increases of 5% or more need 30, 60 or 90 days’ written notice depending on how long the tenant has lived there.

Most of these rules come from the Housing Stability and Tenant Protection Act of 2019, which rewrote General Obligations Law § 7-108 and added Real Property Law §§ 226-c and 238-a. This guide covers market-rate (non-regulated) housing across the state. Each rule links to its official text on the New York State Senate website so you can check it yourself.

Outside this guide’s scope: rent stabilization and rent control

Many apartments in New York City, and some in Nassau, Rockland and Westchester counties, are rent stabilized or rent controlled. Those units have legally set rents, guaranteed renewals and different eviction grounds, administered by New York State Homes and Community Renewal and, in the city, the NYC Rent Guidelines Board. This guide does not cover them. If you own a building built before 1974 with six or more units, check its status before relying on anything here.

1. Lease requirements and disclosures

New York leases can be oral or written, but in practice you want a written lease. The state also requires specific notices in every residential lease:

Sprinkler notice. Every residential lease must state, in conspicuous bold type, whether the premises have a maintained and operative sprinkler system, and if so, the date of its last maintenance and inspection (RPL § 231-a).
Flood history and risk. Every residential lease must say whether the premises are in a FEMA floodplain, the 100-year Special Flood Hazard Area or the 500-year moderate-risk area, disclose any flood damage you know or reasonably should know about, and include the statutory paragraph about renter flood insurance (RPL § 231-b).
Good Cause Eviction notice. Initial leases, renewal leases and several other notices must include the state form saying whether the unit is covered by the Good Cause Eviction Law and, if not, why it is exempt (RPL § 231-c). New York State Homes and Community Renewal publishes the current form on its Good Cause Eviction page.
Lead-based paint (federal). For housing built before 1978, federal law requires a lead disclosure form, the EPA pamphlet and a warning statement before the lease is signed (EPA guidance).

Some lease terms cannot be enforced even if the tenant signs them. A tenant cannot waive the deposit protections in § 7-108 or the warranty of habitability. Any clause excusing you from the duty to mitigate damages when a tenant leaves early is void: you must make reasonable, good-faith efforts to re-rent at fair market value (RPL § 227-e). Victims of domestic violence can end a lease early with at least 30 days’ written notice under the procedure in RPL § 227-c.

Rent receipts. If a tenant pays in cash, or by anything other than a personal check, you must give a written receipt showing the date, amount, unit, period covered, and the signature and title of the person receiving it. If a tenant asks in writing, you must also give receipts for personal checks. Keep records of cash receipts for at least three years (RPL § 235-e).

For a starting point on lease structure, see our lease agreement template, and have a New York attorney add the state-specific notices above.

2. Security deposits

General Obligations Law § 7-108 sets the main rules for deposits on non-regulated units:

Cap: no deposit or advance may exceed one month’s rent (§ 7-108(1-a)(a)). Registered seasonal-use units and owner-occupied cooperative apartments are the narrow exceptions.
What you can keep: only reasonable, itemized costs for unpaid rent, damage beyond normal wear and tear, unpaid utilities payable to you under the lease, and moving and storing the tenant’s belongings. You may not charge for ordinary wear and tear or for damage caused by a prior tenant (§ 7-108(1-a)(b)).
Move-in inspection: after the lease is signed but before move-in, you must offer the tenant a joint inspection. If they accept, you both sign a written record of existing defects, and you cannot later deduct for anything noted on it (§ 7-108(1-a)(c)).
Pre-move-out inspection: within a reasonable time after either side gives notice to end the tenancy, you must tell the tenant in writing that they can request an inspection and be present. If requested, it must take place one to two weeks before the tenancy ends, with at least 48 hours’ written notice, and you must give an itemized list of proposed deductions so the tenant can fix them (§ 7-108(1-a)(d)). This does not apply if the tenant gives less than two weeks’ notice.
Return deadline: within 14 days after the tenant vacates, return the deposit and an itemized statement of anything kept. Miss it and you forfeit any right to keep part of the deposit (§ 7-108(1-a)(e)).
Burden and penalties: in a dispute, you must prove the deductions were reasonable. Willful violations can mean punitive damages of up to twice the deposit (§ 7-108(1-a)(f)–(g)).

Holding the deposit and paying interest

Under GOL § 7-103, a deposit stays the tenant’s money, held in trust, and may not be mixed with your own funds. If you put it in a bank, it must be a bank with a place of business in New York, and you must tell the tenant in writing the bank’s name and address and the amount deposited. For buildings with six or more units, deposits must go in an interest-bearing account at the prevailing local rate. You may keep 1% per year of the deposit as an administration fee, and the remaining interest belongs to the tenant. It can be held in trust, applied to rent, or paid annually.

Worked example: deposit interest in a six-unit building (hypothetical)

Rent is $2,000, so the maximum deposit is $2,000. Suppose the account earns 2.0% a year.

Interest earned in a year: $2,000 × 2.0% = $40.00
Your administration fee: $2,000 × 1% = $20.00
Tenant’s share: $40.00 − $20.00 = $20.00, held for the tenant, credited to rent or paid out

If the account earns less than 1%, all of it goes to your fee and the tenant’s share is zero. Use our security deposit calculator to run your own numbers.

3. Application fees, screening and late fees

RPL § 238-a bans most fees charged before or at the start of a tenancy. The only exception is a fee for a background check and credit check, and that is limited to the actual cost or $20, whichever is less. You must waive it if the applicant gives you a background or credit check from the past 30 days, and you cannot collect it unless you give the applicant a copy of the report and the receipt or invoice from the company that ran it.

Screening has its own limits. You may not refuse to rent to someone because they were involved in a past or pending landlord-tenant case. If you pull court records or a tenant-screening report and then reject the applicant, the law presumes that was the reason (RPL § 227-f). The Attorney General can seek civil penalties of $500 to $1,000 per violation. Use consistent, written criteria such as income and verifiable rental history; our tenant screening checklist can help.

Late fees

You can only charge a late fee if rent has not been paid within five days of the due date, and the fee cannot exceed $50 or 5% of the monthly rent, whichever is less (RPL § 238-a(2)). Separately, if you have not received rent within five days of the due date, RPL § 235-e(d) requires you to send the tenant written notice by certified mail. If you skip that notice, the tenant can use it as a defense in a nonpayment case.

Worked example: the late-fee cap

Rent $800: 5% = $40, which is less than $50, so the maximum fee is $40.
Rent $1,000: 5% = $50, the same as the flat cap, so the maximum is $50.
Rent $2,400: 5% = $120, more than $50, so the maximum is $50.

Above $1,000 a month, the effective cap is always $50, however high the rent.

4. Rent increases and renewal notices

For non-regulated units, New York does not cap the amount of an increase statewide. It does regulate notice. Under RPL § 226-c, if you plan to renew with an increase of 5% or more, or plan not to renew at all, you must give written notice based on the tenant’s total time in the unit or the lease length, whichever is longer:

Tenant’s occupancy or lease term	Minimum written notice
Under one year, and no lease of at least one year	30 days
One to two years, or a lease of one to two years	60 days
More than two years, or a lease of two years or more	90 days

If you give notice late, the tenancy continues on the existing terms from the date you actually gave notice until the full notice period has run. Where Good Cause applies, the notice must also include the RPL § 231-c form, and for covered units it must justify any increase above the local rent standard.

Worked example: notice timing

A tenant has lived in your unit for 3 years on one-year leases ending June 30. You want to raise rent from $1,900 to $2,000, an increase of $100 ÷ $1,900 = 5.3%. That is above 5% and the tenant has been there over two years, so you need 90 days’ written notice, delivered by April 1. If you send it on May 1, the old $1,900 rent continues until 90 days after May 1, about July 30, so you lose roughly one month of the increase. An increase to $1,990 (4.7%) would not trigger § 226-c, though other rules, including Good Cause, may still apply.

Good Cause Eviction. Since 2024, the Good Cause Eviction Law (RPL Article 6-A) applies in New York City and in other cities, towns and villages that opt in. Among other things, it makes increases above a local rent standard presumptively unreasonable and limits non-renewals to listed grounds. There are many exemptions, including for “small landlords” owning no more than 10 units in the state and owner-occupied buildings of up to 10 units. See the official HCR Good Cause page and check whether your locality has opted in. For wording, see our rent increase templates.

5. Landlord entry

New York has no single statewide statute setting a fixed entry-notice period for private market housing. The New York Attorney General’s Residential Tenants’ Rights Guide summarizes the general rule: you may enter with reasonable prior notice, at a reasonable time, with the tenant’s consent, to make routine or agreed repairs or provide services, or as the lease allows. If a tenant unreasonably refuses, you can ask a court for an order allowing entry. In an emergency such as a fire or water leak, you may enter without consent or notice. Put a clear entry clause in the lease and give written notice of non-emergency visits.

6. The warranty of habitability

Every residential lease, written or oral, includes a warranty that the unit and common areas are fit to live in, fit for their intended use, and free of conditions that are dangerous, hazardous or harmful to the occupants’ life, health or safety (RPL § 235-b). It cannot be waived. Conditions caused by the tenant or people under the tenant’s control do not count as a breach. In a damages claim, the court does not need expert testimony. In practice, tenants usually raise the warranty as a defense or counterclaim in nonpayment cases and ask for a rent abatement. Keep dated repair logs; our maintenance checklist is a good start.

7. Retaliation

RPL § 223-b bars you from serving a notice to quit, starting an eviction, or substantially changing the tenancy because a tenant made a good-faith complaint about a code or habitability violation, enforced their lease or legal rights, or joined a tenants’ organization. “Substantially changing” includes refusing to renew or offering a renewal with an unreasonable increase. If you act within one year of such a complaint or action, retaliation is presumed and you must prove a non-retaliatory reason. A lease clause that charges a fee for filing a complaint is void, and trying to enforce one costs triple the fee. The section covers all rental housing except owner-occupied buildings with fewer than four units.

8. Illegal lockouts and self-help evictions

Only a court can remove a tenant. RPAPL § 768 makes it unlawful to evict, or try to evict, anyone who has lived in a unit for 30 days or more, or who has a lease, except under a court warrant. That includes using force, cutting off essential services, removing the tenant’s belongings, removing the door, or changing or disabling the lock without giving a key. A violation is a class A misdemeanor, with a civil penalty of $1,000 to $10,000 per violation, and the owner must restore the occupant. Under RPAPL § 853, a tenant who is unlawfully put out can recover treble damages.

9. Notices and the eviction process

RPAPL § 711 requires a special proceeding in court to remove any tenant or lawful occupant. The common paths are:

Nonpayment: serve a written rent demand giving the tenant at least 14 days to pay or leave (RPAPL § 711(2)), with the Good Cause notice attached. Make sure you also sent the five-day certified-mail late notice under RPL § 235-e(d).
Holdover (lease ended or not renewed): give the termination or non-renewal notice required by RPL § 226-c, using the 30, 60 or 90-day tiers above. In New York City, RPL § 232-a applies the same tiers to month-to-month tenancies.
Filing and service: file a petition in the local court (Housing Court in NYC; city, district, town or village courts elsewhere). The notice of petition and petition generally must be served 10 to 17 days before the hearing (RPAPL § 733).
Hearing and possible stays: tenants can raise defenses such as habitability or retaliation. After a judgment, the court may stay the warrant for up to one year for hardship, on condition that the tenant pays use and occupancy. Where the case is for breach of a lease term, the court must give a 30-day stay to cure (RPAPL § 753).
Warrant and execution: a sheriff, marshal or constable must give at least 14 days’ written notice before executing the warrant, on a business day between sunrise and sunset. In nonpayment cases, the court must vacate the warrant if the tenant pays the full rent due before it is executed, unless you prove the rent was withheld in bad faith (RPAPL § 749).

Even an uncontested case usually takes weeks to months, and contested cases take longer. Estimate the cost of lost rent and fees with our eviction cost calculator, and consider whether a negotiated move-out is cheaper.

10. Fair housing, including New York’s added protected classes

The federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status and disability. The New York State Human Rights Law, Executive Law § 296(5), goes further. It also covers creed, citizenship or immigration status, sexual orientation, gender identity or expression, military status, age, marital status, status as a victim of domestic violence, and lawful source of income, which Executive Law § 292(36) defines to include Section 8 vouchers and other housing assistance, Social Security, child support and other lawful income. It applies to refusals to rent, to different terms, and to advertisements, application forms and inquiries that express a preference. The main exemption covers renting a unit in a two-family building where the owner lives in the other unit, and it does not cover discriminatory advertising. New York City and some counties add further protections. Our fair housing cheat sheet covers the basics.

11. Selling a tenant-occupied rental in New York

A sale does not end a lease. The buyer takes the property subject to existing tenancies, and under RPL § 223 the buyer gets the landlord’s remedies under the lease, while the tenant keeps the same remedies against the buyer. If the tenant has a lease running past closing, the buyer must honor it. The security deposit rules are the step sellers most often get wrong:

Transfer the deposit (seller): at delivery of the deed, or within five days afterwards, turn each security deposit over to the buyer and notify the tenant by registered or certified mail of the transfer and the buyer’s name and address (GOL § 7-105). Doing so releases you from liability for the deposit. Failing to comply is a misdemeanor.
Buyer liability: if the deposit is not transferred, the buyer is still liable to the tenant for any deposit, plus accrued interest, that the buyer has actual knowledge of. That includes deposits acknowledged in a lease in effect at closing (GOL § 7-108(2)).
No record of a deposit: the buyer must notify the tenant in writing within 30 days of closing, and the tenant then has 30 days to produce proof such as a cancelled check, receipt or signed lease. The buyer may require the seller to escrow one month’s rent for such units (§ 7-108(2)(c)–(d)).

Worked example: deposit credit at closing (hypothetical)

You sell a three-unit building closing on March 3. Deposits are $1,800, $1,650 and $2,100, a total of $5,550, plus any tenant interest. Usually the contract credits the buyer $5,550 at closing (or you wire it). By March 8 you mail each tenant a certified letter naming the buyer and its address. If the building had six or more units, you would also account for each tenant’s interest under § 7-103.

Buyers usually ask for tenant estoppel certificates and a rent roll, so keep leases, deposit records and § 226-c notices organized. Before you list, run the numbers on holding versus selling with our keep-or-sell rental property calculator. Tenanted properties often sell at a different price than vacant ones, and timing a sale around lease expirations and the notice tiers can matter.

12. Common mistakes New York landlords make

Collecting first month, last month and a deposit. Any “advance” beyond one month’s rent counts toward the cap.
Sending the deposit statement on day 15 or later, which forfeits all deductions.
Charging a flat $50 or $75 “application fee” or a separate “admin fee” at lease signing.
Starting the late fee on day 2, or setting it as a percentage that exceeds $50.
Sending a 30-day renewal letter to a long-term tenant when 90 days was required.
Forgetting the five-day certified-mail late notice, then losing the nonpayment case.
Leaving out the sprinkler, flood and Good Cause notices from new and renewal leases.
Not transferring deposits by certified-mail notice within five days of closing a sale.

13. New York landlord checklist

Confirm the unit is not rent stabilized or rent controlled, and whether Good Cause applies.
Use a written lease with sprinkler, flood, Good Cause and (pre-1978) lead disclosures.
Charge screening fees of no more than the lesser of actual cost or $20, waive them for recent reports, and give applicants a copy and receipt.
Collect a deposit of no more than one month’s rent, keep it separate, and give written bank details.
For six or more units, use an interest-bearing New York account and account for tenant interest.
Offer the move-in inspection and sign a condition record if the tenant accepts.
Give receipts for cash or non-check payments, and keep cash records for three years.
Charge late fees only after day 5, capped at the lesser of $50 or 5%, and send the certified-mail late notice.
Diary § 226-c deadlines (30/60/90 days) for every lease expiration.
Give reasonable notice before non-emergency entry and keep repair logs for habitability.
Never change locks or cut services. Use the court process for every removal.
On a sale, transfer deposits and send certified-mail notices within five days of closing.

For move-in and move-out documentation, use our move-in/move-out inspection checklist. New landlords may also find the first-time landlord playbook useful.

Frequently asked questions

How much security deposit can a New York landlord charge?

No more than one month's rent for most residential units, under General Obligations Law § 7-108(1-a)(a). That cap covers any 'deposit or advance', so you cannot collect a deposit plus last month's rent on top of it. Narrow exceptions exist for registered seasonal-use units and owner-occupied cooperative apartments.

How long does a New York landlord have to return a security deposit?

Fourteen days after the tenant vacates. Within that time you must return the deposit and give an itemized statement explaining anything you kept (GOL § 7-108(1-a)(e)). If you miss the 14 days, you forfeit the right to keep any part of the deposit.

Can I charge an application fee in New York?

Only to cover a background check and credit check, and the total cannot exceed the actual cost or $20, whichever is less (Real Property Law § 238-a(1)(b)). You must waive the fee if the applicant gives you a check done in the past 30 days, and you must give the applicant a copy of the report and the receipt before you can collect it.

What is the maximum late fee in New York?

A late fee can only be charged if rent is more than five days late, and it cannot exceed $50 or 5% of the monthly rent, whichever is less (RPL § 238-a(2)). On a $1,500 rent, 5% is $75, so the cap is $50.

How much notice do I need to give before a rent increase or non-renewal in New York?

Under RPL § 226-c, if you plan an increase of 5% or more, or plan not to renew, you must give written notice of 30 days (under one year of occupancy and no lease of at least one year), 60 days (one to two years, or a lease of one to two years), or 90 days (more than two years, or a lease of two years or more). If you give late notice, the existing terms continue until the full notice period has run.

Can a New York landlord change the locks on a tenant who stops paying?

No. Under RPAPL § 768 it is unlawful to evict an occupant who has been in place 30 days or more, or who has a lease, without a court warrant, including by changing locks, removing belongings or cutting essential services. It is a class A misdemeanor with civil penalties of $1,000 to $10,000 per violation, and RPAPL § 853 allows the tenant to recover treble damages.

Does the lease end if I sell my rental property in New York?

No. The buyer takes the property subject to the existing lease. Under GOL § 7-105 you must turn the security deposit over to the buyer at closing or within five days, and notify the tenant by registered or certified mail of the transfer and the buyer’s name and address. Doing so releases you from liability for the deposit; failing to comply is a misdemeanor.

Does this guide cover rent-stabilized apartments?

No. Rent-stabilized and rent-controlled units, which are concentrated in New York City and some nearby counties, follow separate rules on rents, renewals and evictions administered by New York State Homes and Community Renewal. If your unit may be regulated, get advice from a New York attorney before relying on this guide.

Related resources

Primary sources: New York State Senate Open Legislation (General Obligations Law Article 7, Real Property Law Article 7, RPAPL Article 7, Executive Law § 296) and the New York Attorney General’s Residential Tenants’ Rights Guide. Last reviewed: October 2026.

New York Landlord-Tenant Law Guide