New York Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in New York, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in New York. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | New York |
|---|---|
| Where these laws apply | New York's security-deposit rules cover all residential dwelling units: General Obligations Law § 7-107 for units under New York City's 1969 rent stabilization law or the Emergency Tenant Protection Act of 1974, and § 7-108 for all others. The rules for ending a monthly tenancy differ inside and outside New York City. The Good Cause Eviction Law applies in New York City and in any other city, town or village that adopts it by local law. N.Y. Gen. Oblig. Law §§ 7-107(1), 7-108(1); N.Y. Real Prop. Law §§ 232-a, 232-b, 210, 212, 213(1) |
| Security deposit limit | No more than one month's rent, including for rent-stabilized units. The limit excepts seasonal-use units and owner-occupied cooperative apartments. Section 7-108's limit, return and deduction rules do not apply to units under the city rent and rehabilitation law or the emergency housing rent control law, or to certain retirement, assisted-living, adult-care and senior communities. N.Y. Gen. Oblig. Law §§ 7-108(1-a)(a), 7-107(2) |
| Where deposits are held | The deposit stays the tenant's money, held in trust, and may not be mixed with the landlord's own money. If it is placed in a bank, the bank must have a place of business in New York, and each tenant must be told in writing the bank's name and address and the amount deposited. For property with six or more family dwelling units, it must be kept in an interest-bearing account at a bank in New York. N.Y. Gen. Oblig. Law § 7-103(1), (2), (2-a) |
| Returning the deposit | Within 14 days after the tenant moves out, the landlord must give an itemized statement of any amount kept and return the rest. A landlord who misses the 14 days forfeits any right to keep any part of the deposit. N.Y. Gen. Oblig. Law §§ 7-108(1-a)(e), 7-107(6) |
| Deposit deductions | Only reasonable, itemized costs for unpaid rent, damage beyond normal wear and tear, unpaid utility charges owed to the landlord under the lease, and moving and storing the tenant's belongings; nothing for ordinary wear and tear or a prior tenant's damage. Before move-in the landlord must offer a joint inspection; if the tenant asks for one, both sign a written condition agreement, and nothing noted in it may be deducted later. Before move-out the landlord must tell the tenant in writing of the right to an inspection (unless the tenant gave less than two weeks' notice), and, if the tenant asks for one, give 48 hours' written notice of its time, then itemize the proposed deductions and let the tenant fix them. In a dispute, the landlord must prove the amount kept is reasonable. N.Y. Gen. Oblig. Law §§ 7-108(1-a)(b)-(d), (f), 7-107(3)-(5), (7) |
| Interest on deposits | Required for property with six or more family dwelling units: an interest-bearing account at a bank in New York, earning the prevailing area rate. For smaller property, General Obligations Law sections 7-101 to 7-109 and Real Property Law articles 6-A and 7 require no interest-bearing account. When a deposit earns interest, the landlord may keep 1% a year for administration; the rest belongs to the tenant and is held in trust until repaid or applied to rent, or paid to the tenant each year. N.Y. Gen. Oblig. Law § 7-103(2), (2-a) |
| Landlord entry notice | No notice period in General Obligations Law sections 7-101 to 7-109 or Real Property Law articles 6-A and 7. N.Y. Real Prop. Law Arts. 6-A and 7; N.Y. Gen. Oblig. Law Art. 7, Title 1 (no provision) |
| Notice to end a month-to-month lease | In New York City: A landlord may remove a monthly tenant for holding over only after serving written notice ending the tenancy, given within the notice periods of § 226-c: at least 30 days if the tenant has occupied the unit less than one year and has no lease of at least one year, 60 days for one to two years, and 90 days for more than two years (occupancy or lease length, whichever is longer). N.Y. Real Prop. Law §§ 232-a, 226-c(2) Outside New York City: The tenant may end a monthly tenancy by notifying the landlord at least one month before the end of the term. That one-month rule covers landlords only for non-residential tenancies; a residential landlord who does not intend to renew the tenancy must give written notice of at least 30 days if the tenant has occupied the unit less than one year and has no lease of at least one year, 60 days for one to two years, and 90 days for more than two years. N.Y. Real Prop. Law §§ 232-b, 226-c(1)(a), (2) |
| Rent-increase notice | A renewal offer with a rent increase of 5% or more needs written notice of at least 30 days if the tenant has occupied the unit less than one year and has no lease of at least one year, 60 days for one to two years, and 90 days for more than two years. If the notice is late, the tenancy continues on its existing terms until the notice period has run from the date written notice was actually given. A landlord may not offer a new lease with an unreasonable rent increase in retaliation for a tenant's good-faith complaint of a health, safety or housing violation, good-faith action to enforce the tenant's rights, or tenant-organization activity (owner-occupied buildings with fewer than four units excepted). N.Y. Real Prop. Law §§ 226-c(1)(a), (2), 223-b(1), (2), (6) |
| Late fees | No late fee unless rent is still unpaid five days after it was due. The fee may not exceed $50 or 5% of the monthly rent, whichever is less (some cooperatives may charge shareholder-tenants up to 8% of the monthly maintenance fee when the proprietary lease provides for it). A lease term waiving or limiting this is void. N.Y. Real Prop. Law § 238-a(2), (3) |
| Notice for unpaid rent | Before a nonpayment eviction, the landlord must serve a written demand giving at least 14 days' notice to pay the rent or give up possession, with the Good Cause Eviction Law notice attached or included. If rent is not received within five days of the due date, the landlord must send the tenant written notice by certified mail; failing to send it may be used as a defense in a nonpayment eviction. N.Y. Real Prop. Actions & Proc. Law § 711(2); N.Y. Real Prop. Law § 235-e(d) |
| Rent control | Allowed. Under the Emergency Tenant Protection Act, a city, town or village may declare a rent emergency where the vacancy rate is 5% or less; buildings with fewer than six units and buildings completed or substantially rehabilitated on or after January 1, 1974 are among the exclusions. The Good Cause Eviction Law applies in New York City and in other cities, towns and villages that adopt it; there, in an eviction for unpaid rent, a rent increase in a calendar year above the lower of 10% or 5% plus the regional consumer price index change is presumed unreasonable (a rebuttable presumption). Its exemptions include landlords of no more than 10 units in the state (unless a local law sets another number). Emergency Tenant Protection Act §§ 3(a), 5(a)(4), (5); N.Y. Real Prop. Law §§ 210, 211(3), (7), (8), 212, 213(1), 214, 216(1)(a) |
| Required landlord disclosures | Every residential lease must state in bold type whether there is a maintained and operative sprinkler system (and if so, its last maintenance and inspection date), and must give the unit's FEMA flood-zone status, prior flood damage the landlord knows or reasonably should know of, and a set flood-insurance notice. The Good Cause Eviction Law notice must be attached to or included in every initial lease, renewal lease, rent-increase or non-renewal notice, 14-day rent demand and eviction petition. Owners of three or fewer rental units must state in bold type, before signing, whether any required certificate of occupancy is valid. Within 72 hours of learning of a bed bug infestation, written notice to the units directly above, below and next to it. N.Y. Real Prop. Law §§ 231-a, 231-b, 231-c(1), 235-bb(1), 235-j(1) Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income and familial status. N.Y. Exec. Law § 296(5)(a)(1) |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
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Frequently asked questions
How much can a landlord charge for a security deposit in New York?
No more than one month's rent, including for rent-stabilized units. The limit excepts seasonal-use units and owner-occupied cooperative apartments. Section 7-108's limit, return and deduction rules do not apply to units under the city rent and rehabilitation law or the emergency housing rent control law, or to certain retirement, assisted-living, adult-care and senior communities. See the source in the table above.
How long does a New York landlord have to return a security deposit?
Within 14 days after the tenant moves out, the landlord must give an itemized statement of any amount kept and return the rest. A landlord who misses the 14 days forfeits any right to keep any part of the deposit. See the source in the table above.
How much notice must a New York landlord give before entering?
No notice period in General Obligations Law sections 7-101 to 7-109 or Real Property Law articles 6-A and 7. See the source in the table above.
How much notice ends a month-to-month lease in New York?
In New York City: A landlord may remove a monthly tenant for holding over only after serving written notice ending the tenancy, given within the notice periods of § 226-c: at least 30 days if the tenant has occupied the unit less than one year and has no lease of at least one year, 60 days for one to two years, and 90 days for more than two years (occupancy or lease length, whichever is longer). Outside New York City: The tenant may end a monthly tenancy by notifying the landlord at least one month before the end of the term. That one-month rule covers landlords only for non-residential tenancies; a residential landlord who does not intend to renew the tenancy must give written notice of at least 30 days if the tenant has occupied the unit less than one year and has no lease of at least one year, 60 days for one to two years, and 90 days for more than two years. See the source in the table above.
How much notice is required for a rent increase in New York?
A renewal offer with a rent increase of 5% or more needs written notice of at least 30 days if the tenant has occupied the unit less than one year and has no lease of at least one year, 60 days for one to two years, and 90 days for more than two years. If the notice is late, the tenancy continues on its existing terms until the notice period has run from the date written notice was actually given. A landlord may not offer a new lease with an unreasonable rent increase in retaliation for a tenant's good-faith complaint of a health, safety or housing violation, good-faith action to enforce the tenant's rights, or tenant-organization activity (owner-occupied buildings with fewer than four units excepted). See the source in the table above.
How much can a New York landlord charge for late rent?
No late fee unless rent is still unpaid five days after it was due. The fee may not exceed $50 or 5% of the monthly rent, whichever is less (some cooperatives may charge shareholder-tenants up to 8% of the monthly maintenance fee when the proprietary lease provides for it). A lease term waiving or limiting this is void. See the source in the table above.
How much notice must a New York landlord give when rent is unpaid?
Before a nonpayment eviction, the landlord must serve a written demand giving at least 14 days' notice to pay the rent or give up possession, with the Good Cause Eviction Law notice attached or included. If rent is not received within five days of the due date, the landlord must send the tenant written notice by certified mail; failing to send it may be used as a defense in a nonpayment eviction. See the source in the table above.
Does New York have rent control?
Allowed. Under the Emergency Tenant Protection Act, a city, town or village may declare a rent emergency where the vacancy rate is 5% or less; buildings with fewer than six units and buildings completed or substantially rehabilitated on or after January 1, 1974 are among the exclusions. The Good Cause Eviction Law applies in New York City and in other cities, towns and villages that adopt it; there, in an eviction for unpaid rent, a rent increase in a calendar year above the lower of 10% or 5% plus the regional consumer price index change is presumed unreasonable (a rebuttable presumption). Its exemptions include landlords of no more than 10 units in the state (unless a local law sets another number). See the source in the table above.
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