New York State Rental Laws: Deposits, Evictions, and Rent Rules

If you rent an apartment or house anywhere in New York State, you have a set of tenant rights that cover what a landlord can charge upfront, how much notice you get before rent goes up, what makes a unit legally livable, when a landlord can enter, and how an eviction has to work. Most of these New York tenant rights come from state statutes, several of them rewritten by the Housing Stability and Tenant Protection Act of 2019, and they apply to residential rentals across the state, with additional layers in New York City.

Security Deposits

A landlord cannot collect more than one month’s rent as a security deposit. The cap applies to nearly all residential rentals, with narrow exceptions for seasonal-use units and owner-occupied co-ops.¹

Your deposit remains your money. The landlord must hold it in trust at a New York bank and tell you in writing where it is kept and how much was deposited. In buildings with six or more units, the funds must sit in an interest-bearing account earning the prevailing rate; the interest belongs to you, though the landlord may keep one percent per year as an administrative fee.²

After you move out, the landlord has 14 days to return the full deposit or send an itemized statement of deductions for damage beyond normal wear and tear, along with any remaining balance. Miss the 14-day window and the landlord forfeits the right to keep any portion. A willful violation exposes the landlord to punitive damages of up to twice the deposit.¹

Rent Increases and Late Fees

Any rent increase of five percent or more, and any decision not to renew your lease, requires written notice. How much notice depends on how long you have lived in the unit.

Under one year of occupancy, or a lease shorter than one year: at least 30 days’ notice.
One to two years of occupancy, or a lease of one to two years: at least 60 days’ notice.
More than two years of occupancy, or a lease of two years or longer: at least 90 days’ notice.

If the landlord fails to give the required notice, you can stay and keep paying your current rent until the proper notice period runs out.³

Late fees are capped at $50 or five percent of the monthly rent, whichever is less, and no late fee can begin until rent is at least five days overdue.⁴

If your building has six or more units and was built before 1974, your apartment may be rent-stabilized, which brings additional limits on annual increases and a right to lease renewal. Rent stabilization also exists in some municipalities outside the five boroughs that have opted in under the Emergency Tenant Protection Act. New York State Homes and Community Renewal can confirm whether your unit is covered and provide its rent history.⁵

Livable Conditions and Heat

Every residential lease in New York, written or oral, includes an implied warranty of habitability. The landlord promises that the unit is fit to live in and free from conditions dangerous to your health or safety. Vermin, mold, structural problems, and broken plumbing can all breach this standard. No lease clause can waive it, and a court can reduce your rent to reflect the diminished value of the unit for any period a violation persists.⁶

Heat is one of the most common flashpoints. In New York City, the heat season runs from October 1 through May 31. Between 6 a.m. and 10 p.m., indoor temperatures must reach at least 68°F whenever the outside temperature drops below 55°F. Between 10 p.m. and 6 a.m., the minimum is 62°F regardless of the outdoor temperature.⁷

Outside the city, the New York State Property Maintenance Code sets the heating season starting earlier, on September 15, with a general minimum of 68°F in all habitable rooms during that period.⁸

Protection From Discrimination

Federal law bars housing discrimination based on race, color, national origin, religion, sex, familial status, and disability.⁹

New York’s Human Rights Law reaches further. Under Executive Law § 296, a landlord cannot discriminate based on race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income, or familial status. The lawful source of income protection matters especially for anyone paying with a Section 8 voucher, social security, child support, or other government assistance: a landlord cannot reject you on that basis alone.¹⁰

A landlord must also allow a service animal or emotional support animal as a reasonable accommodation for a disability, even under a “no pets” policy, and cannot charge a pet deposit or pet fee for that animal. If the need is not obvious, the landlord may ask for reliable documentation from a healthcare provider but cannot demand diagnostic details. Denial is limited to specific animals that pose a direct threat to safety or would cause significant property damage that cannot be reduced through other accommodations.¹¹

Complaints go to the New York State Division of Human Rights or to HUD. Both investigate at no cost, and the filing deadline is generally one year from the discriminatory act under either forum.

Protection From Retaliation

A landlord cannot evict you, refuse to renew your lease, or substantially change the terms of your tenancy as payback for using your legal rights. Protected actions include filing a good-faith complaint about health or safety violations with a government agency, taking steps to enforce your rights under the lease or the warranty of habitability, and participating in a tenant organization.¹²

If the landlord moves to evict or raise your rent within one year of any of those actions, the court presumes retaliation. The burden shifts to the landlord to prove a legitimate, non-retaliatory reason.¹²

Landlord Entry

New York has no single statewide statute setting exact notice periods for landlord entry. Courts have generally required reasonable notice and entry at reasonable times, with the specifics depending on where you live.

In New York City, administrative rules require at least 24 hours’ written notice for routine inspections and at least one week’s written notice for non-emergency repairs or improvements. True emergencies, like a gas leak or burst pipe, do not require advance written notice, though the landlord should still try to reach you. Permitted entry hours are 9 a.m. to 5 p.m. on weekdays unless you agree otherwise; weekend and holiday entry generally requires an emergency.

Outside the city, your lease terms and the general principle of reasonable notice govern. A landlord who shows up unannounced for non-emergency reasons is likely violating your right to quiet enjoyment.

Ending a Month-to-Month Tenancy

Before 2019, a landlord in New York City could end a month-to-month tenancy with a flat 30-day notice. That is no longer the case for residential rentals. Both RPL § 232-a (covering New York City) and § 232-b (covering the rest of the state) now route residential terminations through the same tiered notice system in § 226-c that applies to rent increases.¹³

A landlord who wants to end your residential month-to-month tenancy has to give 30, 60, or 90 days’ notice depending on how long you have lived in the unit. The old flat 30-day rule now applies only to commercial tenancies.³

Your side of that equation is different. Outside New York City, you can end a month-to-month tenancy by giving at least one month’s notice before the next rent payment is due. The expanded protections in § 226-c limit the landlord’s ability to terminate, not yours.¹⁴

How an Eviction Has to Work

A landlord in New York cannot change your locks, cut off your utilities, or remove your belongings to force you out. Self-help evictions are illegal. A landlord who attempts one faces criminal charges as a Class A misdemeanor plus civil penalties of $1,000 to $10,000 per violation, along with daily penalties of up to $100 until you are restored to the unit.¹⁵

The only legal path runs through the courts under Real Property Actions and Proceedings Law Article 7. The steps look like this:

Pre-court notices. Depending on the grounds, the landlord may need to serve a Notice to Cure, giving you time to fix a lease violation, or a Notice to Quit, demanding you vacate by a specific date.
Filing in court. Once those deadlines pass, the landlord files a Notice of Petition and Petition in housing court or the local town or city court. Both documents must be formally served on you under strict rules.
Court hearing. You appear on the date listed in the petition. You can raise defenses, and many cases settle at this stage through written stipulations.
Judgment and warrant. If the court rules for the landlord, the judge issues a judgment of possession and a Warrant of Eviction.
Execution. A marshal or sheriff must give you at least 14 days’ written notice before the physical eviction, which can only happen on a business day between sunrise and sunset.

¹⁶¹⁷

Start to finish, the process routinely takes two to four months, and longer if you contest the case. Courts take the procedural rules seriously; a landlord who skips a step or serves papers incorrectly can have the case dismissed and have to start over.

Breaking a Lease Early

Two categories of tenants have a statutory right to end a lease before it ends.

Active-duty service members can terminate a residential lease early under the federal Servicemembers Civil Relief Act after receiving orders for a permanent change of station or a deployment of 90 days or more. You deliver written notice to the landlord with a copy of your orders, by hand, private carrier, certified mail with return receipt, or electronic means. For monthly-rent leases, termination takes effect 30 days after the next rent payment is due following delivery. The landlord cannot charge an early termination fee. You owe prorated rent through the termination date, plus any unpaid utilities or damage beyond normal wear, and prepaid rent covering the period after termination must be refunded within 30 days.¹⁸

Tenants who are 62 or older, or who have a disability, can break a lease under specific circumstances: moving to a family member’s home on a physician’s certification that you can no longer live independently, or receiving an opportunity to move into an adult care facility, a residential health care facility, or subsidized senior or disability housing. Termination takes effect no earlier than 30 days after the next rent payment due date following delivery of written notice.¹⁹

Application Fees and Screening

Before you sign a lease, a landlord may charge a fee to run a background and credit check, but the total cannot exceed $20 or the actual cost, whichever is less. If you give the landlord a copy of a background or credit report conducted within the past 30 days, the fee must be waived. Either way, the landlord has to give you a copy of the results along with the receipt or invoice from the screening company.⁴

If a landlord denies your application based on a consumer report, federal law requires an adverse action notice with the name, address, and phone number of the screening company, a statement that the company did not make the decision, and a reminder of your right to dispute inaccurate information and obtain a free copy of the report within 60 days. If a credit score played a role, the score itself and the key factors that hurt it must be disclosed.²⁰

Lead Paint and Pre-1978 Housing

If you are renting a home or apartment built before 1978, federal law requires the landlord to disclose any known lead-based paint or lead hazards, provide any available lead inspection reports, and give you a copy of the EPA’s lead hazard pamphlet before you sign the lease. A landlord who knowingly fails to make these disclosures can be liable for up to three times your damages, plus attorneys’ fees and costs.²¹

1
New York State Senate. New York General Obligations Code 7-108 – Deposits Made by Tenants of Non-Rent Stabilized Dwelling Units
2
New York State Senate. New York General Obligations Law 7-103 – Money Deposited or Advanced as Security
3
New York State Senate. New York Real Property Code 226-C – Notice of Rent Increase or Non-Renewal of Residential Tenancy
4
New York State Senate. New York Real Property Code 238-A – Fees
5
NYC Mayor’s Office. Rent Stabilization
6
New York State Senate. New York Real Property Code 235-B – Warranty of Habitability
7
Housing Preservation & Development. Heat and Hot Water Information
8
New York State Homes and Community Renewal. Fact Sheet – Heat and Hot Water
9
U.S. Department of Housing and Urban Development. Housing Discrimination Under the Fair Housing Act
10
New York State Senate. New York Executive Law 296 – Unlawful Discriminatory Practices
11
U.S. Department of Housing and Urban Development. Assistance Animals
12
New York State Senate. New York Real Property Law 223-B – Retaliation by Landlord Against Tenant
13
New York State Senate. New York Real Property Code 232-A – Notice to Terminate Monthly Tenancy in the City of New York
14
New York State Senate. New York Real Property Code 232-B – Notification to Terminate Monthly Tenancy Outside the City of New York
15
New York State Attorney General. Unlawful Evictions – RPAPL Section 768
16
New York State Senate. New York Real Property Actions and Proceedings Article 7 – Summary Proceeding to Recover Possession of Real Property
17
New York State Senate. New York Real Property Actions and Proceedings Code 749 – Warrant
18
Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases
19
New York State Senate. New York Real Property Code 227-A – Termination of Residential Lease by Senior Citizens Moving to Certain Facilities
20
Federal Trade Commission. Using Consumer Reports: What Landlords Need to Know
21
Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property