New York Residential Lease Agreement

A lease that works in the State of New York has to respect the Housing Stability and Tenant Protection Act of 2019: a security deposit capped at one month's rent, accounted for within 14 days of move-out, and late fees limited to $50 or 5% of the rent, whichever is greater. Below is every number that governs a New York tenancy, with the statute it comes from.

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New York rental law at a glance

Each row is the rule Landy applies when it builds a New York lease. The citation is printed in the finished document too, so a tenant can check it.

New York landlord-tenant rules with statutory citations
RuleNew YorkCitation
Security deposit limitone month's rentSecurity deposit may not exceed one month's rent.N.Y. Gen. Oblig. Law § 7-108
Deposit return deadline14 daysLandlord must return the deposit with an itemized statement of deductions within 14 days after the tenant vacates.N.Y. Gen. Oblig. Law § 7-108
Interest on depositsNot requiredInterest is required for buildings with six or more units.N.Y. Gen. Oblig. Law § 7-103
Late fee limit$50 or 5% of the rent, whichever is greaterA late fee may not exceed $50 or 5% of the monthly rent, whichever is less.N.Y. Real Prop. Law § 238-a
Grace period before rent is late5 daysA late fee may not be charged until rent is 5 days overdue.N.Y. Real Prop. Law § 238-a
Notice to pay or quit14 daysTenant has 14 days to pay rent or vacate before the landlord may commence a summary proceeding.N.Y. Real Prop. Acts. Law § 711(2)
Time to cure a lease violation10 daysTenant generally has 10 days to cure a lease violation.N.Y. Real Prop. Acts. Law § 753(4)
Ending a month-to-month tenancy30 days' noticeNotice is 30 days for tenancies under one year, 60 days for one to two years, and 90 days for two years or more.N.Y. Real Prop. Law § 226-c
Notice before landlord entry24 hoursNew York has no statewide entry-notice statute; Landy's lease sets a 24-hour notice period by agreement.No statute on point

Disclosures a New York lease must carry

Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.

  • Lead-Based Paint Disclosure

    Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.

    42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978

  • Sprinkler System Disclosure

    Landlord discloses whether the dwelling is equipped with an operative automatic sprinkler system, and the date of the last maintenance and inspection if one exists.

    N.Y. Real Prop. Law § 231-b

If things go wrong in New York

Where eviction is filed

Civil, District, or Justice Court, as a summary proceeding.

Governing law

Housing Stability and Tenant Protection Act of 2019, cited from the New York Consolidated Laws.

Never self-help

Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.

New York lease questions, answered

How much can a landlord charge for a security deposit in New York?
Security deposit may not exceed one month's rent. (N.Y. Gen. Oblig. Law § 7-108) The deposit must be accounted for within 14 days after the tenancy ends (N.Y. Gen. Oblig. Law § 7-108).
Is there a limit on late fees in New York?
A late fee may not exceed $50 or 5% of the monthly rent, whichever is less. (N.Y. Real Prop. Law § 238-a)
How much notice must a landlord give before entering a rental in New York?
New York has no statewide entry-notice statute; Landy's lease sets a 24-hour notice period by agreement.
How do you end a month-to-month tenancy in New York?
Notice is 30 days for tenancies under one year, 60 days for one to two years, and 90 days for two years or more. (N.Y. Real Prop. Law § 226-c)
What happens if a tenant does not pay rent in New York?
Tenant has 14 days to pay rent or vacate before the landlord may commence a summary proceeding. (N.Y. Real Prop. Acts. Law § 711(2)) The case is filed as a summary proceeding in Civil, District, or Justice Court. A landlord may never change the locks or remove a tenant's belongings without a court order.
Does a residential lease have to be in writing in New York?
A written lease is not always legally required, but it is what makes the terms enforceable and provable. New York tenancies are governed by the Housing Stability and Tenant Protection Act of 2019, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to New York with the statutory citations printed in it.

Build a New York lease with these rules already in it.

Answer questions in plain English. Landy writes the New York lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.

Lease laws in other states

This page summarizes New York law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed New York attorney review your lease before you rely on it.