New York

New York Landlord Tenant Key Rules

Official New York Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	No deposit should exceed one month’s rent. N.Y. Gen. Oblig. Law § 7-108
Security Deposit Interest:	For rental properties containing six or more family dwelling units, the landlords receiving security deposits are required to deposit them in an interest bearing account in a banking organization within the state. The account shall earn interest at a rate which shall be the prevailing rate earned by other such deposits made with banking organizations in such area. N.Y. Gen. Oblig. Law § 7-103
Separate Security Deposit Bank Account:	Security deposits cannot be mingled with a landlord’s personal funds or become an asset of the person receiving the funds. For rental properties containing six or more family dwelling units, the landlords receiving security deposits are required to deposit them in an interest bearing account in a banking organization within the state. N.Y. Gen. Oblig. Law § 7-103
Non-refundable fees:	No statute.
Pet Deposits and Additional Fees:	No statute.
Deadline for Returning Security Deposit:	Landlords must return security deposits to tenants no latger than 14 days after the lease termination and tenant move out. N.Y. Gen. Oblig. Law § 7-108
Permitted Uses of the Deposit:	Partial security deposits can be lawfully retained for the reasonable and itemized costs due to non-payment of rent, damage caused by the tenant beyond normal wear and tear, non-payment of utility charges payable directly to the landlord under the terms of the lease or tenancy, and moving and storage of the tenant’s belongings. N.Y. Gen. Oblig. Law § 7-108
Security Deposit can be Withheld:	Partial security deposits can be lawfully retained for the reasonable and itemized costs due to non-payment of rent, damage caused by the tenant beyond normal wear and tear, non-payment of utility charges payable directly to the landlord under the terms of the lease or tenancy, and moving and storage of the tenant’s belongings. N.Y. Gen. Oblig. Law § 7-108
Require Written Description/Itemized List of Damages and Charges:	Partial security deposits can be lawfully retained for the reasonable and itemized costs due to non-payment of rent, damage caused by the tenant beyond normal wear and tear, non-payment of utility charges payable directly to the landlord under the terms of the lease or tenancy, and moving and storage of the tenant’s belongings. N.Y. Gen. Oblig. Law § 7-108
Receipt of Security Deposit:	Landlords are required to notify in writing each of the persons making such security deposit or advance, giving the name and address of the banking organization in which the deposit of security money is made, and the amount of the deposit(s) made. N.Y. Gen. Oblig. Law § 7-103
Record Keeping of Deposit Withholdings:	No statute.
Failure to Comply:

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:	No statute.
Payment Methods:	No statute.
Rent Increase Notice:	Written notice is required and shall be based on the cumulative amount of time the tenant has occupied the residence or the length of the tenancy in each lease, whichever is longer. N.Y. Real Prop. Law § 226-C
Late Fees:	No statute.
Application Fees:	Landlords may charge a fee to reimburse costs associated with conducting a background check and credit check, provided the cumulative fee for such checks is no more than the actual cost of the background check and credit check or twenty dollars, whichever is less. Landlords must waive the fee if the potential tenant provides a copy of a background check or credit check conducted within the past thirty days. N.Y. Real Prop. Law § 238-A
Prepaid Rent:	Landlords may not demand any payment, fee, or charge for the late payment of rent unless the payment of rent has not been made within five (5) days of the date it was due, and such payment, fee, or charge shall not exceed fifty ($50) dollars or five percent (5%) of the monthly rent, whichever is less. N.Y. Real Prop. Law § 238-A
Returned Check Fees:	Landlords may collect a fee for a dishonored check for no more than twenty dollars ($20) if specified in the lease. N.Y. Gen. Oblig. Law § 5-328
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	Tenants are allowed to make a direct payment to a municipality if the landlord has failed ot make the appropriate payment. The tenant may deduct the amount paid from a future rent payment according to the statute stipulations. N.Y. Real Prop. Law § 235-A
Tenant Allowed to Repair and Deduct Rent:	Tenants are permitted to repair damages to the dwelling unit and deduct rent in some instances. N.Y. Real Prop. Law § 235-B
Self-Help Evictions:	Landlords are prohibited from using self-help tactics to evict a tenant.
Landlord Allowed to Recover Court and Attorney’s Fees:
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:

Notices and Entry

TOPIC	RULE
Notice to Terminate Tenancy:	No notice is required to terminate a lease with a definite term, outside the city of New York. N.Y. Real Prop. Law § 232-B
Notice to Terminate a Periodic Lease – Month-to-Month:	Notice of termination by the tenant or for a tenancy other than a residential tenancy the landlord, upon the tenant’s or non-residential landlord’s notifying the landlord or non-residential tenant at least one month before the expiration of the term of the tenant’s election to terminate outside New York City. If within New York City, 30 days’ notice is required. N.Y. Real Prop. Law § 232-B
Notice to Terminate a Periodic Lease – Week-to-week:	Written notice must be provided with no less than seven (7) days’ notice. N.Y. Real Prop. Law § 232-B
Notice to Terminate Lease due to Sale of Property:
Notice of date/time of Move-Out Inspection:	No statute.
Notice of Termination for Nonpayment:	For rental units outside of New York City, notice must be given five (5) days since the rent is past due. Tenant has 14 days to remedy the past due rent or quit.
Notice for Lease Violation:	For rental units outside of New York City, notice must be given five (5) days since the rent is past due. Tenant has 14 days to remedy the past due rent or quit.
Required Notice before Entry:	No statute, but “reasonable” notice is recommended of at least 24 hours.
Entry Allowed with Notice for Maintenance and Repairs:	No statute, but “reasonable” notice is recommended of at least 24 hours.
Emergency Entry Allowed without Notice:	No statute.
Entry Allowed During Tenant’s Extended Absence:	No statute.
Entry Allowed with Notice for Showing the Property:	No statute, but “reasonable” notice is recommended of at least 24 hours.
Notice to Tenants for Pesticide Use:	No statute.
Lockouts Allowed:	Lockouts are not permitted.
Utility Shut-offs Allowed:	Utility shut-offs are not permitted.
Electronic Notices Allowed:	no

Disclosures

• Name and Addresses: Landlord must disclose name and address of owner and managing agent. (N.Y. Real Prop. Law § 235-a)
• Copy of the Lease: Tenant must be provided with a copy of the lease. (Standard practice)
• Domestic Violence Situations: Victims may terminate lease with court order of protection. (N.Y. Real Prop. Law § 227-c)

Duties

Landlord’s Duties

• Compliance: Must comply with housing codes. (NY Real Prop L § 235-B)
• Repairs: Maintain premises in habitable condition.
• Common Areas: Keep clean and safe. (Common law)
• Maintenance: Provide heat, hot water, and essential services. (N.Y.C. Admin. Code § 27-2029)
• Garbage: Provide waste disposal. (Local law)

Tenant’s Duties

• Cleanliness: Maintain unit clean. (Common law)
• Trash: Dispose properly. (Local law)
• Plumbing: Use fixtures reasonably. (Common law)
• Appliances: Use responsibly. (Common law)
• Damage: Avoid causing damage. (Common law)
• Quiet Enjoyment: Do not disturb others. (Common law)
• Subleasing: Permitted with consent. (N.Y. Real Prop. Law § 226-b)
• Retaliation: Not permitted. (N.Y. Real Prop. Law § 223-b)
• Lead Disclosure: Required by federal law.