NY · State landlord-law profile
New York landlord-tenant rules
10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
10 of 10 rules source-confirmed
6 official sources linked
Reviewed October 26, 2026
At a glance
Security deposit size: No deposit or advance may exceed one month's rent for any residential unit (statewide, since HSTPA 2019); exceptions only for seasonal units and owner-occupied cooperative apartments addressed in subdivisions 4-6. Deposit must be returned with itemized statement within 14 days of vacating or the landlord forfeits the right to retain any of it. (N.Y. Gen. Oblig. Law § 7-108(1-a)(a), confirmed 2026-10). Returning the deposit: Within 14 days after the tenant vacates, the landlord must return the deposit AND provide an itemized statement of any deductions. Missing the 14-day deadline forfeits the right to retain any portion of the deposit — even for real damage. Deposits are also capped at one month’s rent for non-rent-stabilized units. (N.Y. Gen. Oblig. Law § 7-108(1-a)(e), confirmed 2026-07).
How New York treats the landlord's core obligations
Late fees: Rent is not 'late' until unpaid for 5 days after the due date; a late fee may then be charged only if the lease provides for it and may not exceed $50 or 5% of monthly rent, whichever is LESS. (N.Y. Real Prop. Law § 238-a(2), confirmed 2026-10). Application fees: Application/background/credit-check fees may not exceed the actual cost or $20, whichever is less; landlord must provide a copy of the report and receipt, and must waive the fee if the applicant supplies their own report from the last 30 days. Any other application fee is prohibited. (N.Y. Real Prop. Law § 238-a(1)(b), confirmed 2026-10).
Nonpayment notice: A written rent demand giving at least 14 days to pay or surrender possession, served per RPAPL § 735, is required before a nonpayment summary proceeding. (A separate 5-day late-rent notice by certified mail under RPL § 235-e(d) is also required.) (N.Y. Real Prop. Acts. Law § 711(2), confirmed 2026-10). Rent increases: For any rent increase of 5% or more (or non-renewal), written notice of at least 30 days (occupancy under 1 year and no 1-year lease), 60 days (1-2 years), or 90 days (2+ years or a 2-year lease). Statewide: no rent cap for unregulated units, but NYC and opt-in municipalities apply the Good Cause Eviction Law (RPL art. 6-A, 2024), under which increases above the local reasonable-rent threshold (CPI+5%, max 10%) are presumptively unreasonable; rent-stabilized/controlled units follow DHCR guidelines. (N.Y. Real Prop. Law § 226-c(1)-(2), confirmed 2026-10). Ending a month-to-month tenancy: A residential month-to-month tenancy is ended by the landlord only on the § 226-c notice period keyed to occupancy length — 30 days under one year, 60 days after one year, 90 days after two years (§ 232-a incorporates this for New York City; § 226-c applies statewide). Outside NYC a tenant may end a month-to-month tenancy on at least one month’s notice before the end of the rental month (§ 232-b). (N.Y. Real Prop. Law §§ 232-a, 232-b, 226-c, confirmed 2026-10). Entry: No statewide statute sets a landlord-entry notice period. Real Property Law art. 7 (checked) contains no entry-notice section; the NY Attorney General's guide states a landlord may enter with reasonable prior notice, at a reasonable time, with the tenant's consent, for repairs/services or as provided in the lease, and without notice in an emergency. Local rules (e.g., NYC Housing Maintenance Code) may apply. (No N.Y. statute; NY Attorney General, Residential Tenants' Rights Guide (Tenants' right to privacy), confirmed 2026-10).
New York has rent control or rent stabilization for covered units, set locally rather than by one statewide number. Source-of-income protection is on file statewide, so voucher and benefit income must be treated like any other lawful income in screening and advertising. Card surcharges on rent: allowed only with inclusive total pricing (NY GBL §518 (amended Feb 11, 2024) — must post inclusive total price; line-item surcharge alone insufficient. Each violation up to $500.). Managing property for others for compensation generally requires a state license: NY Department of State, RPL Article 12-A broker license required.
Security deposits
What New York allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.
Rent, late fees and application fees
The fees a New York lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.
Notices, rent increases and termination
How much written notice New York requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.
Landlord entry
When a New York landlord may enter an occupied unit and how much notice the tenant must receive.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.
Payments, fair housing and licensing
Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.
New York next to its neighbors
Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
| Rule | New York | Connecticut | Massachusetts | New Jersey | Pennsylvania | Vermont |
|---|---|---|---|---|---|---|
| Security deposit limit | 1× monthly rent | 2× monthly rent | 1× monthly rent | 1.5× monthly rent | 2× monthly rent | No statewide cap |
| Deposit return deadline | 14 days after move-out | 30 days after move-out | 30 days after move-out | 30 days after move-out | 30 days after move-out | 14 days after move-out |
| Late fees | Capped at 5% of monthly rent or $50; 5 days grace | No statewide cap (reasonableness standard); 9 days grace | No statewide cap (reasonableness standard); 30 days grace | No statewide cap (reasonableness standard); 5 days grace | No statewide cap (reasonableness standard) | No statewide cap (reasonableness standard) |
| Rent-increase notice | 90 days | 30 days | 30 days | 30 days | 30 days | 60 days |
| Non-emergency entry notice | 24 hours | 24 hours | Reasonable notice | Reasonable notice | Reasonable notice | 48 hours |
| Pay-or-quit notice | 14 days | 3 days | 14 days | 3 days | 10 days | 14 days |
| Source-of-income protection | Protected statewide | Protected statewide | Protected statewide | Protected statewide | No statewide protection on file | No statewide protection on file |
| Card surcharges on rent | Allowed only with inclusive total pricing | Card surcharges banned | Card surcharges banned | Allowed within card-network limits | Allowed within card-network limits | Allowed within card-network limits |
Lease disclosures on file
Federal and state disclosures Aptoria's lease workflow surfaces for New York. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
• NYC Window guard rider
• NYC Bedbug history (form NYC HPD)
• Sprinkler system disclosure
• Stove knob cover disclosure (NYC)
• Rent-stabilized rider (DHCR Form RTP-8) — stabilized units only
Official sources
Primary sources a New York landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
Browse landlord-law topics across all statesQuestions New York landlords ask
How this page was verified
Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 6 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.