New York Landlord Tenant Rights

New York Landlord Tenant Rights

Last Updated: May 30, 2023

Under New York law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under NY Real Property Law § 220-238A, such as the right to timely rent payments and a livable dwelling.

Note: These rights exist regardless of what the rental agreement says.

Landlord Responsibilities in New York

In New York, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to New York’s habitability requirements:

Item Has to Provide? Has to Fix/Replace?
Heating/AC Only Heating Only Heating
Hot Water Yes Yes
Kitchen Appliances No No
Garbage Containers/Removal Yes Yes
Smoke and Carbon Monoxide (CO) Detectors Only Smoke Only Smoke
Mold N/A Yes
Pest Control N/A Yes

If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.

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Renter’s Rights for Repairs in New York

Landlords are required to make necessary repairs in a timely manner. In New York, repairs must be made within a “reasonable time” (usually under 30 days) after getting written notice from tenants.

If repairs aren’t made in a timely manner, New York tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, and sometimes can make repairs and deduct from the rent.

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Tenant Responsibilities in New York

Apart from paying rent in a timely manner, New York tenants must:

  • Keep the unit clean and free from trash.
  • Make small repairs and maintenance.
  • Inform the landlord of any repair or maintenance issue.
  • Keep fixtures clean and sanitary.
  • Not disturb other tenants or neighbors.

Evictions in New York

Landlords in New York are permitted to evict tenants for the following reasons:

  • Nonpayment of Rent: If a tenant fails to pay rent then the landlord may issue a 14-Day Notice to Pay. If the tenant still does not pay, then the landlord may begin formal eviction proceedings.
  • Lease Violation: If a lease violation occurs then the landlord may issue a 10-Day Notice to Comply. If the issue is not fixed within 10 days, then the landlord can issue a second notice, 30-Day Notice to Quit and the tenant will need to move out. If the tenant does not vacate the property, then the landlord may begin formal eviction proceedings.
  • No Lease/ End of Lease: If the rental term has ended and the tenant remains on the property, the landlord may provide a notice to quit. The amount of notice depends on the length of the tenancy.
    • Lease Terms or Tenancies Less Than One Year: 30-Day Notice to Quit.
    • Lease Terms or Tenancies More Than One Year (or Less Than Two Years): 60-Day Notice to Quit.
    • Lease Terms or Tenancies More Than Two Years: 90-Day Notice to Quit.
  • Illegal Acts: New York landlords have broad authority to determine which illegal activities warrant eviction. New York tenants can face immediate eviction if the landlord has documentation of illegal activities occurring on the premises. No notice is required.

It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.

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Landlord Retaliation in New York

It’s illegal for New York landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.

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Security Deposits in New York

Collections & Holdings: The following laws apply to the collection and holding of security deposits:

  • Maximum: 1 month’s rent.
  • Inventory Requirement: In order to collect security deposits, landlords must give tenants the option to conduct an initial inspection and document the condition of the rental unit prior to move in.
  • Holding Requirement: Deposits for properties with 6+ units must be held in an interest-bearing account.
  • Interest Requirement: Required for properties with 6+ units.

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Returns & Deductions: The following laws apply to the return of security deposits:

  • Allowable Deductions: Unpaid rent, utilities, damage, and costs of moving and storing tenant’s belongings.
  • Time Limit for Return: 14 days.
  • Max. Penalty for Late Return: Tenants can sue for twice the deposit plus the amount wrongfully withheld.

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Lease Termination in New York

Notice Requirements: If a New York tenant on a periodic lease wishes to break the lease, then they must give the following amounts of notice:

Rent Payment Frequency Notice Needed
Week-to-Week No statute
Month-to-Month 30 days
Quarter-to-Quarter No statute
Year-to-Year No statute

Early Termination: New York tenants are allowed to legally break a lease early for the following reasons:

  • Early termination clause.
  • Active military duty.
  • Uninhabitable unit.
  • Landlord harassment.
  • Domestic violence and stalking.
  • Senior citizens and serious health issues.

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Cost of Breaking a Lease in New York

If a New York tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.

Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.

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Rent Increases in New York

New York has rent control and state law allows local governments to create their own rent control laws. There are two categories of rent control in New York: rent control and rent stabilization and all mobile homes are protected by a 3% cap on rent increases (unless landlords can demonstrate a hardship).

Landlords cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.

The maximum rent increase percentages change annually and depend on the location of the rental unit and whether it is protected by rent control or rent stabilization. Rent increases are typically limited to once every one or two years depending on the lease term and whether the rental unit is protected by rent control or rent stabilization.

Before increasing the rent, landlords must give 30, 60, or 90 days’ notice depending on the lease term.

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Housing Discrimination in New York

Protected Groups: The Fair Housing Act prohibits discrimination against tenants on the basis of race, color, sex, disability, religion, national origin, or familial status. This rule does not apply to some owner-occupied homes or homes operated by religious organizations. New York state law adds additional protections for tenants on the basis of age, marital status, military status, sexual orientation, and gender identity.

Discriminatory Acts & Penalties: The New York State Division of Human Rights handles housing discrimination complaints in the state. The following behaviors have been identified as potentially discriminatory when directed at a member of a protected group:

  • Refusing to rent, sell, or lease housing.
  • Applying different terms, conditions, or privileges.
  • Advertising that indicates discriminatory preferences.
  • Using applications that directly or indirectly put limits on preferences for prospective tenants.
  • Providing different treatment to tenants that use a service or emotional support animal.
  • Retaliating against tenants who testify against their landlord.
  • Falsely claiming a unit is unavailable.
  • Failing to make reasonable accommodations.

Tenants who believe they have been the victim of housing discrimination may file a complaint with the Division of Human Rights in person or online.

Additional Landlord Tenant Regulations in New York

In addition to having laws that address general issues like repairs and security deposits, most states, including New York, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.

Landlord Right to Entry in New York

New York landlords have the right to reasonably access a rental property for necessary repairs, showings of the rental unit to prospective tenants or buyers, and other terms that may be agreed in the lease. However, a landlord must give tenants “reasonable” notice (at least 24 hours, in most cases) before entry, unless it’s an emergency.

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Rent Collection & Related Fees in New York

The following laws apply to the collection of rent and related fees:

  • Grace Period: Landlords must give a 5-day grace period before charging a late fee.
  • Maximum Late Fee: $50 or 5% of monthly rent, whichever is higher.
  • Rent Payment Methods: Landlords cannot require electronic payment.
  • Rent Receipt: Required.

Small Claims Court in New York

Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.

Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney. To qualify as a small claim, the amount cannot exceed $3,000 if filed in a Town or Village Court, and $5,000 if filed in a City or District Court. The claim limit in New York City Small Claims Court is $10,000.

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Mandatory Disclosures in New York

New York landlords must give the following mandatory disclosures:

  • Lead-Based Paint: Landlords who own homes built before 1978 must provide info about concentrations of lead paint.
  • Security Deposit Holdings: New York landlords must disclose the location of any security deposits they maintain over the course of the tenant’s lease and of the tenant’s right to inspect the property before occupancy.
  • Operative Fire Sprinkler System: If the property has 3 or fewer rental units, the lease must include a conspicuous notice regarding if the property has a functioning operative fire sprinkler system.
  • Certificate of Occupancy: For any rental property with three or fewer units, a landlord shall provide a conspicuous notice of a Certificate of Occupancy.
  • Bed Bugs: If a rental unit is located in New York City, the landlord must disclose a one-year history of bed bug infestation.
  • Stovetop Protections Notice: In New York City, landlords must provide an annual notice to each tenant regarding the landlord’s obligation to provide permanent stove safety knobs with integrated locking mechanisms or stove knob covers. This applies to multi-family units only.
  • Signed Lease Agreement: For rent-stabilized units in New York City, the landlord must provide the tenant with a copy of the signed lease agreement within 30 days of tenancy.

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Changing the Locks in New York

New York state law prohibits landlords from locking tenants out, especially as a form of retaliation. Tenants are allowed to change their locks at will, but must usually provide copies of new keys to the landlord.

Local Laws in New York

Many cities in New York have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations.

New York City Landlord Tenant Rights

New York City has several local laws and regulations for landlords and tenants. For example, many NYC units are covered under rent stabilization ordinances which set restrictions on rental prices. NYC also has additional disclosure requirements such as bedbug history. This guide contains more information about NYC’s various housing regulations.

Buffalo Landlord Tenant Rights

The city of Buffalo has laws that protect tenants from discrimination on the basis of gender identity, immigration status, and lawful source of income. This legislation also prevents landlords from denying tenants on the basis of receipt of disability benefits, veteran’s benefits, or other government subsidies and non-wage income.

Yonkers Landlord Tenant Rights

Yonkers requires all landlords to provide in-unit heating during certain parts of the year. City code mandates heating capable of 68 degrees-F in all rooms from September 15 to May 31 each year. The official statement can be found here.