Tenant Rulebook
General information from state law and official guides, not legal advice. Cities and counties can add their own rules.

All states

Landlord and tenant rules in New York

The statewide rules on deposits, notice, entry and rent in New York, mainly from the New York Real Property Law and Real Property Actions and Proceedings Law, as summarized in the Attorney General's Residential Tenants' Rights Guide. Checked 29 October 2026.

Security deposits and fees

Security deposit limit

1 month's rent1,2N.Y. Gen. Oblig. Law 7-108(1-a)(a)

A security deposit may not be more than one month's rent.

Deposit return deadline

14 days1,2N.Y. Gen. Oblig. Law 7-108(1-a)(e)

Within 14 days after the tenant moves out, the landlord must return the deposit and give an itemized statement of anything kept. A landlord who misses the deadline loses the right to keep any of it.

Interest on deposits

Required in buildings with 6 or more units3,2N.Y. Gen. Oblig. Law 7-103(2), (2-a)

In buildings with six or more apartments, deposits must be held in an interest-bearing New York bank account. The landlord may keep 1% a year as an administrative fee.

Late fees

$50 or 5%, whichever is less, after 5 days4,2N.Y. Real Prop. Law 238-a

A late fee can be charged only once rent is more than five days overdue, and it may not exceed $50 or 5% of the monthly rent, whichever is less.

Notice, entry and rent

Tenant ending a month-to-month tenancy

1 month (outside New York City)2N.Y. Real Prop. Law 232-a, 232-b

Outside New York City, a month-to-month tenant must give one month's notice.

Landlord ending a month-to-month tenancy

30, 60 or 90 days5,2N.Y. Real Prop. Law 226-c(2)

To end or not renew a tenancy, the landlord must give 30 days' written notice if the tenant has lived there under a year, 60 days for one to two years and 90 days for two years or more.

Notice of a rent increase

30, 60 or 90 days for increases of 5% or more5,2N.Y. Real Prop. Law 226-c

For a rent increase of 5% or more, the landlord must give the same 30, 60 or 90 days' written notice, based on how long the tenant has lived there.

Statewide rent limits

None statewide, rent regulation in NYC and some localities2

Rent control and rent stabilization apply in New York City and some other localities, which may opt in after declaring a housing emergency. Good Cause Eviction rules also cover some unregulated housing.

Landlord entry

Reasonable prior notice2

The landlord may enter with reasonable prior notice at a reasonable time to make repairs or provide services, or as the lease allows. No notice is needed in an emergency.

Notice for unpaid rent

14 days6,2N.Y. RPAPL 711(2)

Before starting a case for unpaid rent, the landlord must serve a written demand giving the tenant at least 14 days to pay or move out.

Many cities and counties add their own rules, such as rent stabilization or longer notice periods, and a lease can give a tenant more protection than the law requires. Check your local housing office or a legal aid group before you act.

Sources

  1. N.Y. General Obligations Law 7-108, New York State Senateofficial
  2. Residential Tenants' Rights Guide, New York State Office of the Attorney Generalofficial
  3. N.Y. General Obligations Law 7-103, New York State Senateofficial
  4. N.Y. Real Property Law 238-a, New York State Senateofficial
  5. N.Y. Real Property Law 226-c, New York State Senateofficial
  6. N.Y. Real Property Actions and Proceedings Law 711, New York State Senateofficial

"Secondary" sources reproduce the official text. We use them only where the official site could not be read.