All Laws Decoded

New York Landlord-Tenant Law

The rules for renting in New York — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.

Quick answers for New York

Security deposit limit
One month's rent N.Y. Gen. Oblig. Law § 7-108(1-a)(a)
Deposit return deadline
14 days after the tenant vacates N.Y. Gen. Oblig. Law § 7-108(1-a)(e)
Notice for unpaid rent
14-day written rent demand before filing a nonpayment proceeding. Separately, if rent is not received within 5 days of the due date, the landlord must send the tenant a certified-mail notice that rent was not received; failure is an affirmative defense to a nonpayment case. N.Y. RPAPL § 711(2); N.Y. RPL § 235-e(d)
Ending a month-to-month lease
Landlord: written notice based on length of occupancy - 30 days (under 1 year), 60 days (1-2 years), 90 days (2+ years); same notice is required for a rent increase of 5% or more. Tenant: at least one month's notice before the end of the monthly term (outside NYC). N.Y. RPL § 226-c; § 232-a (NYC); § 232-b (outside NYC)
Landlord entry notice
No statute. Per the NY Attorney General, a landlord may enter with reasonable prior notice at a reasonable time, with consent or as the lease allows (e.g., repairs, inspections, showings); in an emergency, entry without notice or consent is allowed. No statute; NY Attorney General Residential Tenants' Rights Guide
Rent control / increase limits
Local rent control/stabilization allowed. Rent stabilization covers many NYC buildings and other localities that declare a housing emergency (allowed statewide since June 15, 2019). Good Cause Eviction Law (RPL Art. 6-A, 2024) applies automatically in NYC and in localities that opt in: rent increases above the 'local rent standard' (5% + regional CPI, capped at 10%) are presumed unreasonable and eviction/non-renewal requires good cause. N.Y. RPL §§ 211, 212, 213, 214, 216

Last verified against official sources: 2026-10-22

Main law: Real Property Law Art. 7 & Art. 6-A (Good Cause Eviction); Real Property Actions and Proceedings Law Art. 7; General Obligations Law §§ 7-103, 7-108 — N.Y. RPL §§ 220-238-a, 210-216; RPAPL §§ 701-768; GOL §§ 7-103, 7-108

Security Deposits in New York

Security deposit limitOne month's rent
Added by the Housing Stability and Tenant Protection Act of 2019 (HSTPA). Applies to all residential dwelling units except units under the city rent and rehabilitation law or emergency housing rent control law, licensed CCRCs/assisted living/adult care facilities, and certain senior communities; seasonal-use units and owner-occupied cooperative apartments are also excepted.
Deposit return deadline14 days after the tenant vacates
Landlord must return the deposit and/or an itemized statement within 14 days of move-out.
Itemized deductionsItemized statement showing the basis for any amount retained, within 14 days of move-out. Deductions limited to reasonable, itemized costs for unpaid rent, damage beyond normal wear and tear, unpaid utilities, and moving/storage of tenant belongings. Tenant may request a pre-move-out inspection, after which the landlord must give an itemized list of proposed repairs/cleaning.
Landlord bears the burden of proving the reasonableness of any amount retained (§ 7-108(1-a)(f)).
Interest on depositsRequired for buildings with 6 or more units: deposit must be held in an interest-bearing account in a New York bank; landlord may keep 1% per year as an administrative fee; the rest of the interest belongs to the tenant (paid annually, applied to rent, or held in trust until the deposit is returned).
Landlord must notify the tenant in writing of the bank's name and address and the deposit amount. Buildings with fewer than 6 units are not required to use an interest-bearing account, but if they do, the interest belongs to the tenant less the 1% fee.
Penalty for withholdingMissing the 14-day deadline forfeits the landlord's right to keep any part of the deposit. Violators owe actual damages; a willful violation adds punitive damages of up to twice the deposit.
Lease clauses waiving these rights are void.

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Eviction in New York

Notice for unpaid rent14-day written rent demand before filing a nonpayment proceeding. Separately, if rent is not received within 5 days of the due date, the landlord must send the tenant a certified-mail notice that rent was not received; failure is an affirmative defense to a nonpayment case.
The 14-day period was set by HSTPA 2019 (previously 3 days). Since 2024, the demand must also include the Good Cause Eviction notice under RPL § 231-c stating whether the unit is covered (this content requirement is scheduled to drop when Art. 6-A sunsets June 15, 2034). RPL § 235-e text: https://www.nysenate.gov/legislation/laws/RPP/235-E
Notice for lease violationsNo general statewide statutory cure-notice period (lease terms govern). Where Good Cause Eviction applies, the tenant must be given written notice and 10 days to cure a substantial lease violation before eviction on that ground. In any lease-breach eviction case, the court must grant a 30-day stay of the warrant during which the tenant may cure.
RPAPL § 753 text: https://www.nysenate.gov/legislation/laws/RPA/753. Rent-stabilized units have separate cure-notice rules under the Rent Stabilization Code (not verified here).
Lockouts & utility shutoffsSelf-help eviction is illegal: no force/threats, cutting off essential services, removing belongings or the door, or changing/disabling locks to remove an occupant who has lived there 30+ days or has a lease. Owner must restore the occupant. Penalties: class A misdemeanor; civil penalty of $1,000-$10,000 per violation plus up to $100/day (max 6 months) for failing to restore.
NY AG guide states an unlawfully evicted tenant may recover triple damages (RPAPL § 853). RPL § 235: https://www.nysenate.gov/legislation/laws/RPP/235

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Notice to Vacate in New York

Ending a month-to-month leaseLandlord: written notice based on length of occupancy - 30 days (under 1 year), 60 days (1-2 years), 90 days (2+ years); same notice is required for a rent increase of 5% or more. Tenant: at least one month's notice before the end of the monthly term (outside NYC).
RPL § 232-a (NYC) points residential notice periods to § 226-c. § 232-b: https://www.nysenate.gov/legislation/laws/RPP/232-B. In NYC and Good Cause opt-in localities, a covered tenant cannot be removed at the end of a tenancy without a good-cause ground (RPL § 216).

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Landlord Entry in New York

Landlord entry noticeNo statute. Per the NY Attorney General, a landlord may enter with reasonable prior notice at a reasonable time, with consent or as the lease allows (e.g., repairs, inspections, showings); in an emergency, entry without notice or consent is allowed.
No specific number of hours' notice is set by statute.

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Repairs & Habitability in New York

Repair and deductNo specific statute. Per the NY Attorney General, under the warranty of habitability tenants may, in extenuating circumstances, make necessary repairs and deduct reasonable repair costs from rent; keep receipts and records.
Remedy is judge-made/limited; there is no statutory dollar cap or notice procedure.
Withholding rentNo statutory withholding procedure. Every residential lease includes a non-waivable warranty of habitability; a tenant who withholds risks a nonpayment case but may counterclaim/defend for breach of the warranty and seek a rent abatement. Rent-regulated tenants may instead file a rent-reduction complaint with DHCR.
Withholding description from NY AG guide: https://ag.ny.gov/publications/residential-tenants-rights-guide
Retaliation protectionLandlord may not serve a notice to quit, sue for possession, or substantially alter the tenancy (including refusing to renew or an unreasonable rent increase) because the tenant made a good-faith complaint to the landlord or a government agency about health/safety, habitability, or housing law violations, took good-faith action to enforce lease or legal rights, or joined a tenants' organization. Retaliation is presumed if the action occurs within one year after the protected act.
Presumption is rebuttable (landlord must show non-retaliatory motive by preponderance). Remedies: damages, attorney's fees, injunctive relief; retaliation is a defense in an eviction case. Does not apply to owner-occupied buildings with fewer than 4 units.

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Rent Increases & Late Fees in New York

Rent control / increase limitsLocal rent control/stabilization allowed. Rent stabilization covers many NYC buildings and other localities that declare a housing emergency (allowed statewide since June 15, 2019). Good Cause Eviction Law (RPL Art. 6-A, 2024) applies automatically in NYC and in localities that opt in: rent increases above the 'local rent standard' (5% + regional CPI, capped at 10%) are presumed unreasonable and eviction/non-renewal requires good cause.
Local rent standard: RPL § 211(7)-(8) https://www.nysenate.gov/legislation/laws/RPP/211. Exemptions include small landlords (default 10 or fewer units statewide) and units renting above 245% of fair market rent (or local threshold) (RPL §§ 211(3), 213, 214). Article 6-A is scheduled for repeal June 15, 2034. Stabilization description from NY AG guide. Opt-in localities outside NYC as of May 4, 2026, per DHCR's annual notice (https://hcr.ny.gov/good-cause-eviction-law-notice-august-2026): Cities of Albany, Beacon, Binghamton, Hudson, Ithaca, Kingston, Middletown, New Rochelle, Newburgh, Poughkeepsie, Rochester and White Plains; Towns of Fishkill and Poughkeepsie; Villages of Catskill, Croton-on-Hudson, New Paltz, Nyack and Tarrytown. These localities set their own exemption thresholds: most exempt units above 345% of fair market rent (Kingston 300%, Catskill 275%, Middletown and Rochester 245%), and all define a small landlord as owning no more than one unit in New York State (White Plains: no more than four). DHCR's 2024-2025 CPI figures for the local rent standard: 3.38% (NY-Newark-Jersey City area counties) and 3.15% (Northeast region, rest of state).
Late feesRent is not late until more than 5 days after the due date. Late fee capped at the lesser of $50 or 5% of monthly rent.
Added by HSTPA 2019. § 238-a also bars application fees and caps background/credit check fees at the lesser of actual cost or $20.

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Breaking a Lease in New York

Ending a lease: domestic violenceA tenant may end the lease if the tenant or a household member is a domestic violence victim (as defined in Social Services Law § 459-a) and reasonably fears staying. The tenant gives written notice to the landlord or agent, and to any co-tenants other than the abuser. The notice must state that the tenant or household member experienced domestic violence and cannot safely remain, and give a termination date at least 30 days after delivery. Mailed notice counts as delivered 5 days after mailing. Within 25 days of the notice, the tenant provides documentation: an order of protection, a police record or report, a health care record, or a sworn or notarized verification from a qualified third party (such as police, court staff, attorney, doctor, social worker, therapist, DV agency staff, or clergy). Rent is owed pro rata only up to the termination date. Prepaid rent is refunded within 10 days. The landlord may not withhold the deposit because of the early termination.
The statute includes optional sample notice and third-party verification forms, which the Unified Court System must post. Rent owed before the tenant vacated and gave notice remains owed. If the landlord is the abuser, an authorized person may deliver the notice.
Ending a lease: military, medical, deathSeniors (62+) and people with disabilities: a tenant may end the lease if a physician certifies the tenant can no longer live independently and the tenant is moving in with family, or if the tenant is admitted to an adult care facility, residential health care facility, or subsidized or senior housing. The notice must include the physician's certification or admission documents, plus a notarized family-member statement when moving in with family. Termination takes effect no earlier than 30 days after the next rent due date. Military: a tenant who enters military service after signing the lease may end it by written notice delivered or mailed. For monthly-rent leases, termination is effective 30 days after the next rent due date. Tenant death: the estate may ask the landlord to consent to assignment or sublet. If the landlord terminates or unreasonably refuses, the estate is released from liability as of the end of that month.
Military Law § 310: https://www.nysenate.gov/legislation/laws/MIL/310. RPL § 236: https://www.nysenate.gov/legislation/laws/RPP/236 (requests by registered or certified mail; not applicable to co-op proprietary leases). Holding a tenant's belongings to force payment of post-termination rent is a misdemeanor under §§ 227-a(3) and 310(3).

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Squatters & Abandoned Property in New York

Squatters / unauthorized occupantsA squatter is not a tenant. The law defines a squatter as someone who enters or intrudes on real property without permission of the person entitled to possession and keeps occupying it without title, right, or permission. The owner removes a squatter through a summary proceeding in court ('no landlord-tenant relationship'), served with a 10-day notice to quit. If the occupant entered or stays by force or unlawful means, no notice to quit is needed when the statutory conditions are met. The unlawful-eviction protections of RPAPL § 768 cover occupants who have lawfully occupied a unit for 30+ consecutive days or who have a lease.
If § 711 and § 713(3) conflict on squatters, § 713 controls. § 713: https://www.nysenate.gov/legislation/laws/RPA/713; § 768: https://www.nysenate.gov/legislation/laws/RPA/768. The squatter language comes from 2024 amendments (exact chapter and effective date not confirmed). Whether police may remove a squatter without a court order under criminal trespass law was not verified.

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Rental Fees in New York

Application / screening feesApplication fees are banned. Apart from fees required by statute or regulation, a landlord may not charge any fee to process, review, or accept an application, or any other payment before or at the start of the tenancy, except a background/credit check fee. That fee is capped at the lesser of the actual cost or $20. It must be waived if the applicant provides a background or credit check from the past 30 days. The landlord may collect it only after giving the applicant a copy of the check and the receipt or invoice. Lease waivers are void.
Exceptions exist for certain cooperative housing corporations (purchase applications) and senior or continuing-care communities. Separately, a landlord may not refuse to rent because an applicant was involved in a past or pending housing court case (RPL § 227-f, https://www.nysenate.gov/legislation/laws/RPP/227-F).
Other rental feesNo payment, fee, or charge may be demanded before or at the start of the tenancy other than the security deposit (max one month's rent under GOL § 7-108) and the capped background/credit check fee. Late fees: only after rent is 5 days late, capped at the lesser of $50 or 5% of monthly rent. Bounced-check fees: only if the lease provides for them, capped at the greater of the landlord's actual costs or the GOL § 5-328(3) amount. Lease waivers are void.
§ 238-a has no express rule on recurring fees during the tenancy (for example online-payment or convenience fees). New York City's FARE Act (broker fees) is local law and not covered here.

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Section 8, Records & Right to Counsel in New York

Section 8 / source of incomeYes, statewide. Refusing to rent, or setting different terms, because of a person's 'lawful source of income' is an unlawful discriminatory practice. The definition includes child support, alimony, foster care subsidies, Social Security, any federal, state, or local public assistance or housing assistance, including Section 8 vouchers (whether or not paid directly to the landlord), and any other lawful income.
Definition: https://www.nysenate.gov/legislation/laws/EXC/292. Eligibility criteria for publicly assisted housing that federal or state law requires are still allowed. § 296(5) exemptions (for example certain owner-occupied two-family homes) were not reviewed.

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Mold, Pests, Heat & AC in New York

MoldNo statewide mold statute — the warranty of habitability applies. Every residential lease includes a non-waivable warranty that the premises are fit for human habitation and free of conditions dangerous, hazardous, or detrimental to life, health, or safety.
New York has no statewide mold disclosure or remediation standard for private rentals. Local housing codes (including New York City's) may impose additional requirements.
Pests & bed bugsIn multiple dwellings, the owner must keep the building and its lot, yards, and passages clean and free from vermin, dirt, filth, and garbage; tenants are answerable for conditions they cause. Failure to rid an apartment of an insect infestation is an example of a breach of the warranty of habitability. No statewide bed-bug disclosure statute.
The Multiple Dwelling Law applies automatically in cities of 325,000 or more (New York City) and in localities that adopt it; the Multiple Residence Law covers smaller cities, towns, and villages. Local codes may add bed-bug disclosure or extermination rules.
HeatYes, in multiple dwellings: from October 1 through May 31, the owner must heat all living areas to at least 68°F from 6 a.m. to 10 p.m. when it is below 55°F outside, and at least 55°F from 10 p.m. to 6 a.m. when it is below 40°F outside. Local regulations may require higher temperatures.
Local regulations, including New York City's Housing Maintenance Code (Admin. Code § 27-2029), may require higher temperatures. Single-family and two-family rentals are governed by the warranty of habitability and local codes.
Air conditioningNo state requirement to provide air conditioning or a maximum indoor temperature.
Air conditioning provided under the lease must be maintained under the lease and the warranty of habitability.

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Privacy, Guests & Animals in New York

Cameras & privacyNo landlord-specific camera statute. Unlawful surveillance in the second degree (class E felony) includes using or installing an imaging device to surreptitiously view, broadcast, or record a person dressing or undressing or their intimate parts where they expect privacy, or to surreptitiously record in a bedroom, bathroom, changing room, or shower with no legitimate purpose (device use in those rooms creates a rebuttable presumption of no legitimate purpose).
Tenants have a right to privacy within their apartments; landlords may enter on reasonable prior notice at reasonable times, or without notice in emergencies.
Guests & occupantsThe 'Roommate Law': a landlord may not restrict occupancy to the tenant and immediate family. A sole tenant may live with immediate family, one additional occupant, and that occupant's dependent children; on a multi-tenant lease, total tenants plus occupants (excluding occupants' dependent children) may not exceed the number of tenants on the lease. The tenant or spouse must use the unit as a primary residence, and the tenant must tell the landlord an occupant's name within 30 days of move-in or of the landlord's request. Occupants gain no tenancy rights. Lease waivers are void.
Landlords may still limit occupancy to comply with federal, state, or local overcrowding laws. Violations allow an injunction, actual damages, and costs.
Service & support animals (state law)Housing providers must make reasonable accommodations in rules and policies for persons with disabilities, including permitting an assistance animal. It is an unlawful discriminatory practice to deny access to or discriminate against a person with a disability accompanied by a guide, hearing, or service dog, and no additional charge may be imposed for admittance of such a dog. No state statute sets documentation rules for emotional support animals or penalizes service-animal misrepresentation in housing.
In New York City and Westchester multiple dwellings, a no-pet lease clause may be waived if the tenant keeps a pet openly and notoriously for three months with the owner's knowledge (NYC Admin. Code § 27-2009.1(b); Westchester County Laws ch. 695.11), with exceptions for public housing and animals causing damage or nuisance.

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How eviction works in New York

Eviction cases are heard in: Summary proceedings: NYC Civil Court (Housing Part) in New York City; City, District, Town or Village Courts elsewhere.

  1. Notice: 14-day rent demand (nonpayment, RPAPL 711(2)) or termination/non-renewal notice of 30/60/90 days (holdover, RPL 226-c); in Good Cause areas the notice must state coverage and grounds
  2. File petition and notice of petition; in holdover cases serve it 10 to 17 days before the hearing (RPAPL 733)
  3. Hearing/trial; tenant may raise defenses such as warranty of habitability, retaliation, or missing 5-day late-rent notice
  4. Judgment of possession; court may stay the warrant up to 1 year for hardship (RPAPL 753(1)); 30-day cure stay in lease-breach cases (RPAPL 753(4))
  5. Warrant of eviction issued; officer must give at least 14 days' written notice before execution (RPAPL 749)
  6. Removal by sheriff, city marshal or constable, on a business day between sunrise and sunset; in nonpayment cases the warrant is vacated if full rent due is paid before execution

Holdover: notice of petition served at least 10 and not more than 17 days before the hearing (RPAPL 733). Nonpayment (where RPAPL 732 is adopted by court rule): tenant answers within 10 days of service; trial set 3-8 days after answer.

Source: N.Y. RPAPL §§ 711, 732, 733, 749, 753

What surprises people about New York rental law

Federal law that also applies in New York

These federal rules apply on top of New York law, mostly to discrimination, servicemembers, survivors and federally assisted housing:

City rules in New York

These cities add their own tenant protections on top of state law:

Eviction by county in New York

Which court hears evictions, filing fees, local rent levels and help:

For landlords

How to evict a tenant in New York — steps, cost, timeline and forms.

Common New York questions

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How New York compares to neighboring states

New York vs. neighboring states
StateSecurity deposit limitDeposit return deadlineNotice for unpaid rent
New YorkOne month's rent
N.Y. Gen. Oblig. Law § 7-108(1-a)(a)
14 days after the tenant vacates
N.Y. Gen. Oblig. Law § 7-108(1-a)(e)
14-day written rent demand before filing a nonpayment proceeding. Separately, if rent is not received within 5 days of the due date, the landlord must send the tenant a certified-mail notice that rent was not received; failure is an affirmative defense to a nonpayment case.
N.Y. RPAPL § 711(2); N.Y. RPL § 235-e(d)
Connecticut2 months' rent; 1 month's rent if the tenant is 62 or older. A tenant who turns 62 after paying more than one month's rent can ask for the excess back.
Conn. Gen. Stat. § 47a-21(b)
21 days after the tenancy ends, or 15 days after the landlord receives the tenant's written forwarding address, whichever is later.
Conn. Gen. Stat. § 47a-21(d)(2)
Rent is not 'unpaid' for eviction purposes until a 9-day grace period passes (4 days for week-to-week). Landlord then serves a written Notice to Quit giving at least 3 days before the quit date. From Jan. 1, 2026, the grace period is extended 5 more days if the landlord's online payment system prevented on-time payment.
Conn. Gen. Stat. §§ 47a-15a(a), 47a-23
MassachusettsSecurity deposit may not exceed one month's rent. At or before the start of a tenancy a landlord (or the landlord's agent) may require only: first full month's rent, last full month's rent (at the same rate as the first), a security deposit of up to one month's rent, and the purchase and installation cost of a new lock and key. No other upfront charges (e.g., application, pet, or landlord-side broker fees) are allowed.
G.L. c. 186, § 15B(1)(b)
30 days after the tenancy ends (end of a tenancy at will or end of the lease term). The landlord must return the deposit, or whatever balance remains, with any accrued interest.
G.L. c. 186, § 15B(4)
14 days' written notice to quit. For tenants at will: a tenant who has not received a similar notice in the previous 12 months can cure by paying the full rent due within 10 days after receiving the notice, and the notice must state this right. For tenants with a lease: the tenant can cure by paying all rent due, plus interest and costs, on or before the day the answer is due in the eviction case.
G.L. c. 186, §§ 11, 12, 31
New Jersey1.5 times one month's rent. Any additional security collected in a year may not exceed 10% of the current deposit.
N.J.S.A. 46:8-21.2
Within 30 days after the lease ends, by personal delivery or registered or certified mail: the deposit plus the tenant's share of interest, minus lawful charges. Within 5 business days if the tenant is displaced by fire, flood, condemnation, or evacuation (and the premises are posted or certified as described in the statute). Within 15 business days when a domestic-violence victim ends the lease under N.J.S.A. 46:8-9.6.
N.J.S.A. 46:8-21.1
No notice to quit is required before filing for nonpayment of rent. The written notice requirement of N.J.S.A. 2A:18-61.2 expressly excludes nonpayment (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus accrued costs to the court clerk on or before entry of final judgment. After a warrant of removal is posted, or a lockout is carried out, for nonpayment, the tenant has 3 business days to pay all rent due. The landlord must accept that payment (cash, certified check, money order, or a rental-assistance program or charity) and the case is then dismissed.
N.J.S.A. 2A:18-61.1(a), 2A:18-61.2, 2A:18-55, 2A:42-10.16a, 46:8-49.3
PennsylvaniaFirst year of the lease: no more than 2 months' rent. Second and later years (or any renewal): no more than 1 month's rent. After 5+ years of tenancy, a rent increase cannot require a higher deposit.
Landlord and Tenant Act § 511.1 (68 P.S. § 250.511a)
30 days after the lease ends or the tenant surrenders the premises (whichever comes first).
Act § 512(a) (68 P.S. § 250.512(a))
10-day written notice to quit.
Act § 501(b) (68 P.S. § 250.501(b))
VermontNo statutory cap.
9 V.S.A. 4461
Within 14 days from the date the landlord learns the tenant vacated (or from the move-out date if the tenant gave notice of it); 60 days for seasonal rentals not intended as a primary residence.
9 V.S.A. 4461(c)
Written notice of termination at least 14 days after actual notice. The tenancy does not terminate if the tenant pays or tenders all rent due through the end of the rental period in which payment is made.
9 V.S.A. 4467(a)

New York landlord-tenant FAQ

How much can a landlord charge for a security deposit in New York?
One month's rent (N.Y. Gen. Oblig. Law § 7-108(1-a)(a))
How long does a landlord have to return a security deposit in New York?
14 days after the tenant vacates (N.Y. Gen. Oblig. Law § 7-108(1-a)(e))
Does a landlord have to pay interest on a security deposit in New York?
Required for buildings with 6 or more units: deposit must be held in an interest-bearing account in a New York bank; landlord may keep 1% per year as an administrative fee; the rest of the interest belongs to the tenant (paid annually, applied to rent, or held in trust until the deposit is returned). (N.Y. Gen. Oblig. Law § 7-103(2), (2-a))
Does a landlord in New York have to give an itemized list of deposit deductions?
Itemized statement showing the basis for any amount retained, within 14 days of move-out. Deductions limited to reasonable, itemized costs for unpaid rent, damage beyond normal wear and tear, unpaid utilities, and moving/storage of tenant belongings. Tenant may request a pre-move-out inspection, after which the landlord must give an itemized list of proposed repairs/cleaning. (N.Y. Gen. Oblig. Law § 7-108(1-a)(b), (d), (e))
What happens if a landlord in New York wrongfully keeps a security deposit?
Missing the 14-day deadline forfeits the landlord's right to keep any part of the deposit. Violators owe actual damages; a willful violation adds punitive damages of up to twice the deposit. (N.Y. Gen. Oblig. Law § 7-108(1-a)(e), (g))
How much notice does a landlord have to give before evicting for unpaid rent in New York?
14-day written rent demand before filing a nonpayment proceeding. Separately, if rent is not received within 5 days of the due date, the landlord must send the tenant a certified-mail notice that rent was not received; failure is an affirmative defense to a nonpayment case. (N.Y. RPAPL § 711(2); N.Y. RPL § 235-e(d))
How much notice is required to evict for a lease violation in New York?
No general statewide statutory cure-notice period (lease terms govern). Where Good Cause Eviction applies, the tenant must be given written notice and 10 days to cure a substantial lease violation before eviction on that ground. In any lease-breach eviction case, the court must grant a 30-day stay of the warrant during which the tenant may cure. (N.Y. RPL § 216 (Good Cause); N.Y. RPAPL § 753(4))
How much notice is needed to end a month-to-month lease in New York?
Landlord: written notice based on length of occupancy - 30 days (under 1 year), 60 days (1-2 years), 90 days (2+ years); same notice is required for a rent increase of 5% or more. Tenant: at least one month's notice before the end of the monthly term (outside NYC). (N.Y. RPL § 226-c; § 232-a (NYC); § 232-b (outside NYC))
Can a landlord enter without notice in New York?
No statute. Per the NY Attorney General, a landlord may enter with reasonable prior notice at a reasonable time, with consent or as the lease allows (e.g., repairs, inspections, showings); in an emergency, entry without notice or consent is allowed. (No statute; NY Attorney General Residential Tenants' Rights Guide)
Is there a limit on late fees in New York?
Rent is not late until more than 5 days after the due date. Late fee capped at the lesser of $50 or 5% of monthly rent. (N.Y. RPL § 238-a(2))
Can a tenant repair and deduct from rent in New York?
No specific statute. Per the NY Attorney General, under the warranty of habitability tenants may, in extenuating circumstances, make necessary repairs and deduct reasonable repair costs from rent; keep receipts and records. (N.Y. RPL § 235-b (warranty of habitability); NY AG Residential Tenants' Rights Guide)
Can a tenant withhold rent for repairs in New York?
No statutory withholding procedure. Every residential lease includes a non-waivable warranty of habitability; a tenant who withholds risks a nonpayment case but may counterclaim/defend for breach of the warranty and seek a rent abatement. Rent-regulated tenants may instead file a rent-reduction complaint with DHCR. (N.Y. RPL § 235-b)
Can a landlord retaliate against a tenant for complaining in New York?
Landlord may not serve a notice to quit, sue for possession, or substantially alter the tenancy (including refusing to renew or an unreasonable rent increase) because the tenant made a good-faith complaint to the landlord or a government agency about health/safety, habitability, or housing law violations, took good-faith action to enforce lease or legal rights, or joined a tenants' organization. Retaliation is presumed if the action occurs within one year after the protected act. (N.Y. RPL § 223-b)
Is there rent control or a limit on rent increases in New York?
Local rent control/stabilization allowed. Rent stabilization covers many NYC buildings and other localities that declare a housing emergency (allowed statewide since June 15, 2019). Good Cause Eviction Law (RPL Art. 6-A, 2024) applies automatically in NYC and in localities that opt in: rent increases above the 'local rent standard' (5% + regional CPI, capped at 10%) are presumed unreasonable and eviction/non-renewal requires good cause. (N.Y. RPL §§ 211, 212, 213, 214, 216)
Can a landlord change the locks or shut off utilities in New York?
Self-help eviction is illegal: no force/threats, cutting off essential services, removing belongings or the door, or changing/disabling locks to remove an occupant who has lived there 30+ days or has a lease. Owner must restore the occupant. Penalties: class A misdemeanor; civil penalty of $1,000-$10,000 per violation plus up to $100/day (max 6 months) for failing to restore. (N.Y. RPAPL § 768; RPL § 235 (willful failure to furnish water, heat, light, power, etc.))
What is the small claims court limit in New York for a deposit dispute?
$10,000 in NYC Civil Court; $5,000 in City Courts outside NYC and in Nassau/Suffolk District Courts; $3,000 in Town and Village Courts (NYC Civil Ct. Act § 1801; Uniform City Ct. Act § 1801; Uniform District Ct. Act § 1801; Uniform Justice Ct. Act § 1801)
How do you remove a squatter in New York?
A squatter is not a tenant. The law defines a squatter as someone who enters or intrudes on real property without permission of the person entitled to possession and keeps occupying it without title, right, or permission. The owner removes a squatter through a summary proceeding in court ('no landlord-tenant relationship'), served with a 10-day notice to quit. If the occupant entered or stays by force or unlawful means, no notice to quit is needed when the statutory conditions are met. The unlawful-eviction protections of RPAPL § 768 cover occupants who have lawfully occupied a unit for 30+ consecutive days or who have a lease. (RPAPL § 711 (opening paragraph); RPAPL § 713(3), (10); RPAPL § 768(1)(a))
Is there a limit on rental application fees in New York?
Application fees are banned. Apart from fees required by statute or regulation, a landlord may not charge any fee to process, review, or accept an application, or any other payment before or at the start of the tenancy, except a background/credit check fee. That fee is capped at the lesser of the actual cost or $20. It must be waived if the applicant provides a background or credit check from the past 30 days. The landlord may collect it only after giving the applicant a copy of the check and the receipt or invoice. Lease waivers are void. (N.Y. Real Prop. Law § 238-a(1), (3))
What rental fees are banned or limited in New York?
No payment, fee, or charge may be demanded before or at the start of the tenancy other than the security deposit (max one month's rent under GOL § 7-108) and the capped background/credit check fee. Late fees: only after rent is 5 days late, capped at the lesser of $50 or 5% of monthly rent. Bounced-check fees: only if the lease provides for them, capped at the greater of the landlord's actual costs or the GOL § 5-328(3) amount. Lease waivers are void. (N.Y. Real Prop. Law § 238-a(1)(a), (2), (2-a), (3))
Can a domestic violence survivor break a lease in New York?
A tenant may end the lease if the tenant or a household member is a domestic violence victim (as defined in Social Services Law § 459-a) and reasonably fears staying. The tenant gives written notice to the landlord or agent, and to any co-tenants other than the abuser. The notice must state that the tenant or household member experienced domestic violence and cannot safely remain, and give a termination date at least 30 days after delivery. Mailed notice counts as delivered 5 days after mailing. Within 25 days of the notice, the tenant provides documentation: an order of protection, a police record or report, a health care record, or a sworn or notarized verification from a qualified third party (such as police, court staff, attorney, doctor, social worker, therapist, DV agency staff, or clergy). Rent is owed pro rata only up to the termination date. Prepaid rent is refunded within 10 days. The landlord may not withhold the deposit because of the early termination. (N.Y. Real Prop. Law § 227-c)
When can a tenant break a lease without penalty in New York?
Seniors (62+) and people with disabilities: a tenant may end the lease if a physician certifies the tenant can no longer live independently and the tenant is moving in with family, or if the tenant is admitted to an adult care facility, residential health care facility, or subsidized or senior housing. The notice must include the physician's certification or admission documents, plus a notarized family-member statement when moving in with family. Termination takes effect no earlier than 30 days after the next rent due date. Military: a tenant who enters military service after signing the lease may end it by written notice delivered or mailed. For monthly-rent leases, termination is effective 30 days after the next rent due date. Tenant death: the estate may ask the landlord to consent to assignment or sublet. If the landlord terminates or unreasonably refuses, the estate is released from liability as of the end of that month. (N.Y. Real Prop. Law § 227-a; N.Y. Military Law § 310; N.Y. Real Prop. Law § 236)
Can a landlord refuse Section 8 vouchers in New York?
Yes, statewide. Refusing to rent, or setting different terms, because of a person's 'lawful source of income' is an unlawful discriminatory practice. The definition includes child support, alimony, foster care subsidies, Social Security, any federal, state, or local public assistance or housing assistance, including Section 8 vouchers (whether or not paid directly to the landlord), and any other lawful income. (N.Y. Exec. Law § 296(5)(a); § 292 (definition of 'lawful source of income'))
What does a New York notice to pay rent or quit have to include?
Required before a nonpayment case: a written rent demand giving at least 14 days' notice, requiring payment of the rent or surrender of possession, and served as RPAPL § 735 requires: personal delivery; delivery to a person of suitable age and discretion who lives or works at the property; or, if neither is possible, affixing to a conspicuous part of the property or placing under the entrance door. Either of the last two methods also requires mailing within one day by registered or certified mail and by regular first-class mail. Until June 15, 2034, the 14-day notice must also contain or attach the RPL § 231-c Good Cause Eviction notice, stating whether the unit is covered by Article 6-A (and, if exempt, why). Separately, if rent is not received within 5 days of the due date, the landlord must send the tenant a written notice of non-receipt by certified mail. Failure to send it is an affirmative defense in a nonpayment eviction. (RPAPL § 711(2); N.Y. Real Prop. Law § 235-e(d))
What does a New York notice to end a month-to-month tenancy have to include?
When a landlord will not renew a residential tenancy (or offers renewal with a rent increase of 5% or more), it must give written notice based on how long the tenant has occupied the unit or the lease length, whichever is longer: 30 days if under 1 year, 60 days if 1-2 years, 90 days if 2+ years. Until June 15, 2034, the notice must contain or attach the RPL § 231-c Good Cause Eviction notice: whether the unit is covered (and why if exempt) and, for covered units, the lawful basis for non-renewal. If notice is late, the tenancy continues on existing terms until the notice period runs. In New York City, a month-to-month tenant may be removed for holding over only after this notice period, served the same way as a notice of petition, stating that the landlord elects to end the tenancy and will start summary proceedings if the tenant does not leave by the stated day. (N.Y. Real Prop. Law § 226-c; § 232-a)
What must a New York security deposit itemization include?
Within 14 days after the tenant moves out, the landlord must give the tenant an itemized statement showing the basis for any amount kept, and return the rest. Allowed deductions are only the reasonable, itemized costs of unpaid rent, damage beyond normal wear and tear, unpaid utilities payable to the landlord under the lease, and moving and storage of the tenant's belongings. No deductions for ordinary wear and tear, prior tenants' damage, or conditions noted in a move-in inspection agreement. Before move-out, the landlord must offer an inspection 1-2 weeks before the tenancy ends (with 48 hours' written notice) and give an itemized list of proposed deductions so the tenant can fix them. Missing the 14-day deadline forfeits the right to keep any of the deposit. (N.Y. Gen. Oblig. Law § 7-108(1-a)(b)-(g))
How long does a landlord have to sue for unpaid rent in New York?
6 years for an action on a contract, written or oral (express or implied), including suits for unpaid rent or lease damages. (N.Y. CPLR 213(2))
Can a landlord accept rent during an eviction in New York?
In a nonpayment proceeding, if the tenant pays the landlord the full rent due at any time before the hearing on the petition, the landlord MUST accept it, and the payment makes the case moot. Before filing a nonpayment case, the landlord must serve a written 14-day rent demand. After a foreclosure, a successor owner's acceptance of rent does not waive its right to evict once the protected period ends (RPAPL 1305(4)). (RPAPL 731(4); RPAPL 711(2))
Can you be evicted in the winter in New York?
No statute — New York has no statewide winter or cold-weather ban on evictions. (RPAPL art. 7 (no such provision); per NY AG Residential Tenants' Rights Guide)
Can a landlord give notice by text or email in New York?
Eviction papers (notice of petition and petition), and notices the statutes require to be served 'as prescribed in section 735', such as the 14-day rent demand, must be served in one of three ways. (1) Personal delivery. (2) Leaving them with a person of suitable age and discretion who lives or works there. (3) If no one can be found after reasonable effort, affixing them to a conspicuous part of the property or sliding them under the entrance door. For methods 2 and 3, within 1 day the papers must also be mailed by BOTH certified or registered mail AND regular first-class mail. Proof of service must be filed within 3 days. (RPAPL 735; RPAPL 711(2))
How much notice is required for a rent increase in New York?
Written notice is required if the landlord will not renew or will raise the rent by 5% or more. The notice period depends on the longer of how long the tenant has lived there or the lease term: 30 days if under 1 year; 60 days if 1 to 2 years; 90 days if more than 2 years. If the landlord gives late notice, the tenancy continues on the existing terms until the full notice period has run. Since Aug. 18, 2024, the notice must include the RPL § 231-c good-cause statement (whether the unit is covered, the basis for non-renewal, and justification for increases above the local rent standard). (N.Y. Real Prop. Law § 226-c)
What are tenants' rights in a foreclosure in New York?
After foreclosure, a tenant in a unit that is not rent-controlled or rent-stabilized may stay for the longest of: (a) 90 days after the required notice; (b) the rest of the lease, if the tenant lived there when the foreclosure began or got the RPAPL 1303 notice; or (c) the rest of a good-faith, roughly market-rate lease, up to 3 years. The tenancy continues on the existing terms. The new owner must give every tenant written notice of these rights and of its name and address. A successor who will live in the property as a primary residence may limit one unit to 90 days. Rent-regulated and subsidized tenants keep their rights under other law. (RPAPL 1305(2)-(5); RPAPL 1303)
Does a landlord have to fix mold in New York?
No statewide mold statute — the warranty of habitability applies. Every residential lease includes a non-waivable warranty that the premises are fit for human habitation and free of conditions dangerous, hazardous, or detrimental to life, health, or safety. (N.Y. Real Prop. Law § 235-b)
Who pays for pest control and bed bugs in New York?
In multiple dwellings, the owner must keep the building and its lot, yards, and passages clean and free from vermin, dirt, filth, and garbage; tenants are answerable for conditions they cause. Failure to rid an apartment of an insect infestation is an example of a breach of the warranty of habitability. No statewide bed-bug disclosure statute. (N.Y. Mult. Dwell. Law § 80; N.Y. Mult. Resid. Law § 174; N.Y. Real Prop. Law § 235-b)
Does a landlord have to provide heat in New York?
Yes, in multiple dwellings: from October 1 through May 31, the owner must heat all living areas to at least 68°F from 6 a.m. to 10 p.m. when it is below 55°F outside, and at least 55°F from 10 p.m. to 6 a.m. when it is below 40°F outside. Local regulations may require higher temperatures. (N.Y. Mult. Dwell. Law § 79; N.Y. Mult. Resid. Law § 173)
Does a landlord have to provide air conditioning in New York?
No state requirement to provide air conditioning or a maximum indoor temperature. (N.Y. Mult. Dwell. Law § 79 (heat only); N.Y. Real Prop. Law § 235-b)
What can a landlord deduct from a deposit for cleaning or damage in New York?
Not defined by statute. A landlord may retain only reasonable, itemized amounts for unpaid rent, damage caused by the tenant beyond normal wear and tear, unpaid utilities owed directly to the landlord, and moving and storage of the tenant's belongings, and may not retain any amount for ordinary wear and tear of occupancy. The tenant may request a pre-move-out inspection (one to two weeks before move-out, on 48 hours' notice) and then cure listed repair or cleaning items. The landlord bears the burden of proving deductions are reasonable. (N.Y. Gen. Oblig. Law § 7-108(1-a)(b), (d)-(f))
Can a landlord put cameras in or around a rental in New York?
No landlord-specific camera statute. Unlawful surveillance in the second degree (class E felony) includes using or installing an imaging device to surreptitiously view, broadcast, or record a person dressing or undressing or their intimate parts where they expect privacy, or to surreptitiously record in a bedroom, bathroom, changing room, or shower with no legitimate purpose (device use in those rooms creates a rebuttable presumption of no legitimate purpose). (N.Y. Penal Law § 250.45)
Can a landlord limit guests or roommates in New York?
The 'Roommate Law': a landlord may not restrict occupancy to the tenant and immediate family. A sole tenant may live with immediate family, one additional occupant, and that occupant's dependent children; on a multi-tenant lease, total tenants plus occupants (excluding occupants' dependent children) may not exceed the number of tenants on the lease. The tenant or spouse must use the unit as a primary residence, and the tenant must tell the landlord an occupant's name within 30 days of move-in or of the landlord's request. Occupants gain no tenancy rights. Lease waivers are void. (N.Y. Real Prop. Law § 235-f)
Can a landlord deny a service or emotional support animal in New York?
Housing providers must make reasonable accommodations in rules and policies for persons with disabilities, including permitting an assistance animal. It is an unlawful discriminatory practice to deny access to or discriminate against a person with a disability accompanied by a guide, hearing, or service dog, and no additional charge may be imposed for admittance of such a dog. No state statute sets documentation rules for emotional support animals or penalizes service-animal misrepresentation in housing. (N.Y. Exec. Law § 296(14), (18)(2); N.Y. Civ. Rights Law § 47-b)

Official resources for New York

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.