Renting out a spare room is common in New York, whether you’re easing housing costs, sharing space with someone you know, or welcoming a short-term renter. No matter the situation, a thorough room rental agreement (or “roommate agreement”) in New York helps set expectations, clarify responsibilities, and prevent disputes.
Similar to New York lease agreements, a room rental contract should clearly outline:
- Required disclosures
- House rules
- Rent and payment terms
- Each party’s responsibilities
In this guide, we’ll walk you through everything New York landlords need to know so that you can create a smooth, compliant room rental arrangement. And how property management software can help make the process even easier.
Room Rental Laws
All landlords in the Empire State must adhere to New York landlord-tenant laws:
- Provide safe, habitable housing under the state’s warranty of habitability.
- Maintain essential services such as heat, hot water, and electricity.
- Follow state and local disclosure requirements.
- Avoid harassment or retaliatory behavior toward tenants.
- Give proper notice before entering the rental space, except in emergencies.
- Comply with any applicable rent regulation rules in their locality.
We’ll walk through the legal guidelines you need to follow for a room rental agreement in New York, but first, let’s look at the types of contracts landlords can use.
Different Types of Room Rental Agreements in New York
Landlords choose from several types of contracts when preparing a room rental agreement in New York. The best option depends on their relationship with the tenant, the expected length of the stay, and whether they want flexibility or predictability.
- Verbal agreement: Some room rentals begin with a simple verbal understanding, especially between friends or family members.
- Fixed-term lease: These lease agreements run for a set period, often 6 months or 1 year, and specify specific start and end dates.
- Month-to-month lease: A month-to-month contract renews each month and can be terminated by either party with proper notice.
Consider your relationship with the tenant, whether you’re looking for flexibility or stability, and the length of the tenancy.
Required Landlord Disclosures
The Empire State requires that landlords share a handful of disclosures with their tenants before a room rental agreement in New York begins.
Lead-based paint: For homes built before 1978, landlords must comply with federal law by disclosing any known lead-based paint or potential lead hazards.
Bed bug history (NYC): In New York City, landlords must give tenants a written record of the building’s bed bug activity for the previous calendar year (New York City, N.Y. Admin. Code § 27-2018.1).
Sprinkler system notice: Landlords must state whether there is already a sprinkler system in the unit and indicate the date it was last inspected or serviced (N.Y. Real Prop. Law § 231-A).
Security deposit receipt: When collecting a deposit, landlords must provide tenants with a written receipt showing the amount collected and the bank where it is (N.Y. Gen. Oblig. Law § 7-103(2)).
Reasonable modifications disclosure: Tenants must receive information about their right to request reasonable modifications or accommodations due to disability within 30 days of moving in (N.Y. Exec. Law § 170-D).
Rent regulation status: Landlords must inform tenants if the unit is subject to rent control or rent stabilization and provide any required documentation (New York City, N.Y. Admin. Code § 26-512).
Certification of occupancy: For buildings with fewer than three units, landlords must certify that the rental space meets legal occupancy standards and is fit for habitation (N.Y. Real Prop. Law § 235-BB).
Security Deposit Rules
Maximum security deposit: New York limits security deposits to no more than 1 month’s rent, regardless of the unit type (N.Y. Gen. Oblig. Law § 7-108(1-a)).
Security deposit receipt: In New York, landlords must provide tenants with a written receipt showing the amount of the security deposit collected and the bank’s name and address where the funds are held (N.Y. Gen. Oblig. Law § 7-103(2)).
Deduction tracking: If the landlord withholds any portion of the deposit, they must provide an itemized list of deductions within 14 days of the tenant moving out (N.Y. Gen. Oblig. Law § 7-108(1-b)).
Security deposit return: Any remaining balance must be returned to the tenant within 14 days after vacating the room or unit (N.Y. Gen. Oblig. Law § 7-108(1-e)).
Pet deposits: New York treats pet deposits the same as regular security deposits, meaning they count toward the one-month cap and are subject to the same handling and return rules.
Rent Payment Rules
Late rent fees: New York caps late fees at $50 or 5% of the monthly rent, whichever is lower (N.Y. Real Prop. Law § 238-A(2)).
Right to withhold rent: If a landlord fails to provide essential services they are responsible for, such as heat, water, or required repairs, tenants may pay for the service themselves and deduct the reasonable cost from future rent (N.Y. Real Prop. Law § 235-A(1)).
Grace period: Tenants must receive a 5-day grace period before any late fee can be charged (N.Y. Real Prop. Law § 238-A(2)).
Pet rent: Landlords may charge a monthly pet fee for animals kept in the unit, though this does not apply to service animals or emotional support animals.
Rent Payment Increase Rules
Rent payment increase frequency: How often a New York landlord may increase rent depends on whether the unit is regulated. Rent-stabilized increases generally occur once per year at renewal, rent-controlled adjustments are usually every 2 years, and market-rate units may see increases at the end of a lease term with proper notice.
Rent payment increase maximum: For rent-stabilized units, the Rent Guidelines Board sets annual limits (e.g., 3% for one-year renewals beginning Oct. 1, 2025). Rent-controlled units have separate caps tied to the Maximum Base Rent Program (MBR).
Market-rate apartments have no statewide maximum, though significant increases may trigger a review under New York’s Good Cause Eviction standards in applicable areas.
Rent control/stabilization: New York’s rent-regulated programs apply only in certain cities and counties. Rent-stabilized units follow annual guidelines set by the Rent Guidelines Board, while rent-controlled units follow the Maximum Base Rent system overseen by the Division of Housing and Community Renewal (DHCR).
All other units are considered market-rate and are not subject to regulation beyond New York’s notice requirements.
New York Room Rental Agreement Breaches
Failure to pay: After the 5-day grace period, landlords may issue a 14-day Notice to Pay or Quit.
Lease violations: For other breaches, landlords first issue a 10-day Notice to Cure. If unresolved, they may terminate the tenancy with a 30-day Notice to Vacate.
Self-help evictions: Landlords cannot evict tenants on their own; changing locks, removing belongings, or shutting off utilities is illegal. Evictions must follow the court process.
Terminating a New York Room Rental Agreement
Before ending a room rental agreement or breaking a lease in New York, consider the following:
Month-to-month: Landlords must follow New York’s notice rules (N.Y. Real Prop. Law § 232-B).
- 30 days’ notice if the tenant has lived in the home for under 1 year
- 60 days’ notice for 1–2 years of tenancy
- 90 days’ notice for more than 2 years
Fixed-term: A fixed-term room rental agreement ends on the date listed in the contract. Early termination is generally not allowed unless both parties agree in writing. The tenant remains responsible for rent through the end of the term unless a legally recognized exception applies.
Room abandonment: If a renter leaves unexpectedly, landlords must make a good-faith effort to contact them and store any left-behind property for a reasonable period—commonly 30 days under New York guidance.
Tenant’s right to terminate: Tenants may end a room rental agreement in New York without penalty when a qualifying legal exception applies, such as active military duty (SCRA), domestic violence protections (N.Y. Real Prop. Law § 227-C), or conditions that violate the warranty of habitability (N.Y. Real Prop. Law § 235-B).
Landlord Access Laws
Immediate access: New York landlords may enter a rental space without notice only during genuine emergencies, such as fires, severe leaks, or other situations requiring urgent action.
Landlord harassment: Frequent unannounced entries or using access to pressure or intimidate a tenant may be considered harassment. Such behavior can give tenants legal grounds to end their tenancy or pursue legal remedies.
Advance notice: New York does not require statewide notice for non-emergency entry. However, standard practice is to provide at least 24 hours’ notice, and certain localities may have stricter rules.
Lease Agreement Renewal and Termination
Required renewals: New York landlords are not required to renew a lease for non-rent-regulated units. However, if the unit is rent-stabilized, tenants must be offered a renewal except in limited circumstances (N.Y. Gen. Oblig. Law § 5-905).
Required notice: For non-renewal of a fixed-term lease, New York’s notice requirements depend on the length of the tenancy, as noted above. These notice periods also apply when a landlord plans to raise rent by 5% or more.
Month-to-month considerations: A month-to-month room rental agreement in New York renews each month automatically unless there’s proper written notice. Any change in terms, such as a rent increase, must follow the same 30/60/90-day notice rules under the Housing Stability and Tenant Protection Act of 2019.
Room Rental Agreement New York FAQs
What to include in a New York room rental agreement?
In New York state, a room rental agreement should include rent details, security deposit terms, house rules, utility arrangements, required disclosures, and the rights and responsibilities for both parties.
How do I legally rent out a room?
To legally rent out a room in New York, use a written room rental agreement, include all required disclosures, follow security deposit rules, and confirm whether rent stabilization applies.
How to make a New York room rental agreement?
You can create one using a printable PDF, a simple online template, or landlord software. Be sure your agreement reflects New York’s specific rules on disclosures, deposits, and notices.
