Question 1

How much can a landlord charge for a security deposit in New York?

Accepted Answer

The deposit cannot exceed one month's rent. Narrow exceptions apply to seasonal units and some owner-occupied co-ops. Source: N.Y. Gen. Oblig. Law § 7-108(1-a)(a) (https://www.nysenate.gov/legislation/laws/GOB/7-108), last checked 2026-10-15.

Question 2

How long does a landlord have to return a security deposit in New York?

Accepted Answer

Within 14 days after the tenant moves out, the landlord must return the deposit or provide an itemized statement of any amounts kept. Source: N.Y. Gen. Oblig. Law § 7-108(1-a)(e) (https://www.nysenate.gov/legislation/laws/GOB/7-108), last checked 2026-10-15.

Question 3

How much notice does a landlord have to give before entering a rental in New York?

Accepted Answer

Reasonable prior notice, at a reasonable time, with the tenant's consent, for routine or agreed repairs or services or as the lease allows. In emergencies (e.g., fire, water leak) the landlord may enter without notice. If the tenant unreasonably refuses, the landlord may seek a court order. Source: New York Attorney General, Residential Tenants' Rights Guide (https://ag.ny.gov/sites/default/files/tenants%5Frights.pdf), last checked 2026-10-15.

Question 4

How much notice does a landlord need to give to raise the rent in New York?

Accepted Answer

For a rent increase of 5% or more, or a non-renewal, the landlord must give written notice. The notice period depends on how long the tenant has lived there or the lease term: at least 30 days if under 1 year, 60 days for 1–2 years, and 90 days for 2 years or more. Source: N.Y. Real Prop. Law § 226-c(1)–(2) (https://www.nysenate.gov/legislation/laws/RPP/226-C), last checked 2026-10-15.

Question 5

Can a landlord charge a late fee in New York, and how much?

Accepted Answer

A late fee may be charged only if rent is more than 5 days late. It is capped at $50 or 5% of the monthly rent, whichever is less. Source: N.Y. Real Prop. Law § 238-a(2) (https://www.nysenate.gov/legislation/laws/RPP/238-A), last checked 2026-10-15.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in New York?

Accepted Answer

14 days' written notice demanding the rent or possession before a nonpayment proceeding. It must include the good cause eviction law notice (RPL § 231-c). Source: N.Y. RPAPL § 711(2) (Browser transcription) (https://www.nysenate.gov/legislation/laws/RPA/711), last checked 2026-10-15.

Question 7

Can cities in New York pass rent control?

Accepted Answer

No preemption. Rent stabilization applies in NYC and in Nassau, Rockland and Westchester counties (through local Rent Guidelines Boards), and since June 15, 2019 other localities may adopt rent stabilization if they declare a housing emergency. Source: New York Attorney General, Residential Tenants' Rights Guide (Emergency Tenant Protection Act, as amended by the HSTPA of 2019) (https://ag.ny.gov/sites/default/files/tenants%5Frights.pdf), last checked 2026-10-15.

Question 8

How much notice is needed to end a month-to-month tenancy in New York?

Accepted Answer

Landlord (unregulated units): 30 days' notice if the tenant has been there under 1 year, 60 days for 1–2 years, 90 days for 2+ years. Outside New York City, a tenant must give 1 month's notice. Source: N.Y. Real Prop. Law §§ 226-c, 232-a, 232-b (NY AG Residential Tenants' Rights Guide) (https://ag.ny.gov/sites/default/files/tenants_rights.pdf), last checked 2026-10-15.

Question 9

Does a landlord have to pay interest on a security deposit in New York?

Accepted Answer

Deposits are held in trust. For buildings with 6 or more units, the landlord must keep the deposit in an interest-bearing New York bank account. The landlord may keep 1% a year for administration. The remaining interest belongs to the tenant and is held in trust, credited to rent, or paid out each year. Source: N.Y. Gen. Oblig. Law § 7-103(1), (2-a) (https://www.nysenate.gov/legislation/laws/GOB/7-103), last checked 2026-10-15.

Question 10

Is a move-in or move-out inspection checklist required in New York?

Accepted Answer

After the lease is signed and before move-in, the landlord must offer the tenant a joint inspection. If the tenant requests one, the parties sign a written agreement on the unit's condition. The landlord must also offer a pre-move-out inspection. Source: N.Y. Gen. Oblig. Law § 7-108(1-a)(c)–(d) (https://www.nysenate.gov/legislation/laws/GOB/7-108), last checked 2026-10-15.

Question 11

Is landlord retaliation illegal in New York?

Accepted Answer

A landlord may not retaliate against a tenant's good-faith complaint by serving a notice to quit, suing for possession, substantially changing the tenancy terms, or refusing renewal or offering it only with an unreasonable rent increase. If such action comes within one year of a complaint, retaliation is presumed (rebuttable). Tenants can sue for damages, attorney's fees and injunctive relief. Source: N.Y. Real Prop. Law § 223-b(1)–(5) (https://www.nysenate.gov/legislation/laws/RPP/223-B), last checked 2026-10-15.

Question 12

Can a landlord change the locks or shut off utilities in New York?

Accepted Answer

Evicting an occupant of 30 days or more without a court warrant is unlawful. This includes removing belongings or the door, disabling or changing the lock, or cutting essential services. It is a class A misdemeanor with a civil penalty of $1,000–$10,000 per violation, and the owner must restore the occupant. Source: N.Y. Real Prop. Acts. Law § 768 (https://www.nysenate.gov/legislation/laws/RPA/768), last checked 2026-10-15.

Question 13

What can a tenant do if the landlord won't make repairs in New York?

Accepted Answer

Every residential lease includes a warranty that the premises are fit for human habitation and free of dangerous conditions. Tenants can seek a rent abatement or damages for a breach. Source: N.Y. Real Prop. Law § 235-b (https://www.nysenate.gov/legislation/laws/RPP/235-B), last checked 2026-10-15.

Question 14

What disclosures must a landlord give tenants in New York?

Accepted Answer

Every initial lease, renewal and non-renewal or rent-increase notice must include the state Good Cause Eviction notice stating whether the unit is covered and, if not, why (RPL § 231-c). Landlords must give written rent receipts for cash and other non-personal-check payments, and for checks on written request. If rent hasn't been received within 5 days of the due date, the landlord must send the tenant a certified-mail notice. Failing to do so is a defense in a nonpayment eviction (RPL § 235-e). Source: N.Y. Real Prop. Law §§ 231-c, 235-e (https://www.nysenate.gov/legislation/laws/RPP/231-C), last checked 2026-10-15.

Question 15

What can a landlord do with property a tenant leaves behind in New York?

Accepted Answer

When a tenant is evicted, the landlord must allow a reasonable time to remove belongings and may not keep the tenant's personal belongings or furniture. Source: N.Y. Real Prop. Acts. Law § 749; Real Prop. Law § 235 (NY AG Residential Tenants' Rights Guide) (https://ag.ny.gov/sites/default/files/tenants_rights.pdf), last checked 2026-10-15.

Question 16

Can a tenant break a lease early for domestic violence or military service in New York?

Accepted Answer

A domestic-violence victim who reasonably fears staying can end the lease with written notice. The termination date must be at least 30 days after delivery. Notice sent by first-class mail counts as delivered 5 days after mailing. Source: N.Y. Real Prop. Law § 227-c (https://www.nysenate.gov/legislation/laws/RPP/227-C), last checked 2026-10-15.

Question 17

Is there a grace period before a late fee can be charged in New York?

Accepted Answer

No late fee may be charged unless rent remains unpaid 5 days after the due date. Source: N.Y. Real Prop. Law § 238-a(2) (https://www.nysenate.gov/legislation/laws/RPP/238-A), last checked 2026-10-15.

Question 18

How much can a landlord charge for a rental application fee in New York?

Accepted Answer

Application or other upfront fees are banned except background and credit check fees, which are limited to actual cost or $20, whichever is less, and waived if the applicant provides a check from the past 30 days. Source: N.Y. Real Prop. Law § 238-a(1) (https://www.nysenate.gov/legislation/laws/RPP/238-A), last checked 2026-10-15.

Question 19

Can a landlord refuse Section 8 or other source of income in New York?

Accepted Answer

Lawful source of income is a protected class in New York housing. Source: N.Y. Exec. Law § 296(5) (https://www.nysenate.gov/legislation/laws/EXC/296), last checked 2026-10-15.

Question 20

Does a landlord have to give notice before not renewing a lease in New York?

Accepted Answer

Before not renewing a tenancy, or renewing with a rent increase of 5% or more, the landlord must give written notice of 30, 60 or 90 days depending on how long the tenant has lived there or the lease length. If notice is late, the tenancy continues until the notice period runs. Source: N.Y. Real Prop. Law § 226-c (https://www.nysenate.gov/legislation/laws/RPP/226-C), last checked 2026-10-15.

Question 21

What is the domestic violence early termination rule in New York?

Accepted Answer

A tenant who is, or whose household member is, a domestic violence victim and reasonably fears staying may end the lease and leave under the statute's notice procedure. Code text: "where a tenant or a member of the tenant's household is a victim of domestic violence." Source: N.Y. Real Prop. Law § 227-c (https://www.nysenate.gov/legislation/laws/RPP/227-C), last checked 2026-10-16.

Question 22

What is the military lease termination (federal scra, all states) rule in New York?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after." Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) (https://uscode.house.gov/download/releasepoints/us/pl/119/121/htm_usc50@119-121.zip), last checked 2026-10-16.

New York landlord-tenant law FAQ