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.
| Rule | New York | Citation |
|---|---|---|
| Security deposit limit | one month's rentSecurity deposit may not exceed one month's rent. | N.Y. Gen. Oblig. Law § 7-108 |
| Deposit return deadline | 14 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 deposits | Not 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 late | 5 daysA late fee may not be charged until rent is 5 days overdue. | N.Y. Real Prop. Law § 238-a |
| Notice to pay or quit | 14 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 violation | 10 daysTenant generally has 10 days to cure a lease violation. | N.Y. Real Prop. Acts. Law § 753(4) |
| Ending a month-to-month tenancy | 30 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 entry | 24 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
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
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.