Last reviewed July 2026
Written by LawLease Editorial|Reviewed by LawLease Legal Team
New York Residential Lease Agreement
A New York residential lease agreement is governed by the Real Property Law (RPL) and General Obligations Law (GOL), reshaped by the 2019 Housing Stability and Tenant Protection Act (HSTPA). New York caps deposits and late fees and sets strict notice rules — all of it is built into your lease automatically.
New York landlord–tenant law at a glance
| Security deposit limit | 1 month’s rent; the “first and last month” practice is prohibitedGOL §7-108 |
|---|---|
| Deposit return | 14 days with an itemized statement, or the landlord forfeits itGOL §7-108(1-a)(e) |
| Late fees | Only after rent is 5+ days late; max $50 or 5% of rent, whichever is lessRPL §238-a |
| Application fee | Capped at $20; waived if the applicant provides a recent reportRPL §238-a(1) |
| Rent-increase / non-renewal notice | 30 / 60 / 90 days by length of tenancyRPL §226-c |
| Landlord entry | No statutory minimum — reasonable notice by common law |
| Month-to-month termination | 30 / 60 / 90 days by length of tenancyRPL §226-c |
| Rent regulation | Local — NYC plus ETPA opt-in areas |
Security deposits in New York
New York caps the security deposit — and any advance — at one month’s rent for every residential unit (GOL §7-108). That means the old “first month, last month, and a security deposit” arrangement is no longer allowed; it exceeds the one-month cap.
- Held in trust — The deposit stays the tenant’s money and can’t be commingled with the landlord’s funds; in buildings of 6+ units it must sit in an interest-bearing NY account (GOL §7-103).
- Inspections — The landlord must offer a walk-through before move-in and again before move-out (with 48 hours’ notice) so the tenant can fix issues before deductions (GOL §7-108).
- Return — Within 14 days of move-out the landlord must return the deposit with an itemized statement of any deductions. Miss the deadline and the landlord forfeits the right to keep any of it — even for real damage (GOL §7-108(1-a)(e)).
- Bad-faith penalty — A willful violation can cost the landlord up to twice the deposit in punitive damages (GOL §7-108(1-a)(g)).
Rent, late fees & rent increases
- Late fees — A late fee can’t be charged until rent is more than 5 days late, and it can’t exceed $50 or 5% of the monthly rent, whichever is less. Any clause charging more, or charging sooner, is void (RPL §238-a).
- Application fee — Capped at $20 (the actual cost of a background/credit check), and waived entirely if the applicant supplies their own recent report (RPL §238-a(1)).
- Increase & non-renewal notice — To raise rent 5% or more, or not renew, the landlord must give 30 days’ notice (tenant under 1 year), 60 days (1–2 years), or 90 days (2+ years). Miss the deadline and the tenancy continues until the notice runs (RPL §226-c).
- Good Cause Eviction — In NYC and localities that have opted in, increases above 10% (or 5% + CPI, whichever is lower) are presumptively unreasonable and the landlord must show a “good cause” to evict (RPL Article 6-A).
Landlord entry & access
New York has no statute setting a fixed entry-notice period. Access is governed by the implied covenant of quiet enjoyment; Attorney General guidance treats “reasonable” notice as roughly a week for repairs and 24 hours for inspections, with immediate entry allowed in an emergency. A lease that promises a specific window is making a contractual promise, not restating a hard statutory floor.
Ending a New York tenancy
| Tenant in possession <1 year | 30 days |
|---|---|
| Tenant in possession 1–2 years | 60 days |
| Tenant in possession 2+ years | 90 days |
- Nonpayment — A 14-day written rent demand is required before filing a nonpayment eviction — up from 3 days pre-HSTPA (RPAPL §711).
- Domestic violence — A survivor may end the lease with written notice and a termination date at least 30 days out, with documentation (RPL §227-c).
- Military — An active-duty servicemember with qualifying orders may terminate under the federal SCRA (50 U.S.C. §3955).
Required disclosures in New York
- Lead-based paint — Federal warning and known-hazard disclosure for pre-1978 housing (42 U.S.C. §4852d); NYC adds annual notices for pre-1960 buildings.
- Sprinkler system — Every lease must state, in bold, whether the building has a sprinkler system and when it was last maintained (RPL §231-a).
- Flood risk — The lease must disclose whether the unit is in a FEMA flood-hazard area and any known flood history (RPL §231-b).
- Certificate of occupancy — Owners of three or fewer units must give a bold notice about the C/O status before signing (RPL §235-bb).
- Bed bugs — Statewide notice to nearby units within 72 hours of the landlord’s knowledge (RPL §235-j); NYC also requires an annual building bedbug-history disclosure.
- NYC-only riders — Window-guard notices (Admin. Code §17-123), stove-knob-cover offers, and the Local Law 55 allergen/mold fact sheet apply to New York City properties.
Habitability & repairs
Every New York lease includes an implied warranty of habitability: the unit and common areas must be fit for human habitation and free of conditions dangerous to life, health, or safety (RPL §235-b). This right can’t be waived — a clause trying to waive it is void. A court can also refuse to enforce any lease term it finds unconscionable (RPL §235-c).
Tenant protections you can’t waive
- No habitability waiver — Any clause waiving the warranty of habitability is void (RPL §235-b).
- No negligence waiver — A lease can’t exempt the landlord from liability for its own negligence (GOL §5-321).
- Fee caps are firm — The $20 application-fee and $50/5% late-fee caps can’t be waived (RPL §238-a).
- Roommate law — A lease can’t limit occupancy to only the named tenant (RPL §235-f).
- No tenant blacklisting — Refusing to rent based on a prior Housing Court case creates a rebuttable presumption of a violation (RPL §227-f).
LawLease is not a law firm and this page is general information, not legal advice. State laws change and local ordinances may add requirements — verify current rules or consult a New York attorney for your specific situation.
New York lease agreement FAQs
How much can a landlord charge for a security deposit in New York?
No more than one month’s rent, for both regulated and unregulated units. That cap also bars the traditional “first and last month plus a deposit,” since the total advance can’t exceed one month (GOL §7-108).
How long does a landlord have to return a security deposit in New York?
14 days after the tenant moves out, along with an itemized statement of any deductions. Missing the 14-day window forfeits the landlord’s right to keep any of the deposit, even if there was damage (GOL §7-108(1-a)(e)).
What is the maximum late fee in New York?
A late fee can only be charged once rent is more than 5 days late, and it can’t exceed $50 or 5% of the monthly rent, whichever is less. Any lease clause charging more, or charging earlier, is void (RPL §238-a).
How much notice to raise the rent or not renew a lease in New York?
It scales with tenancy length: 30 days if the tenant has been there under a year, 60 days for one to two years, and 90 days for two or more — for both a 5%+ increase and a non-renewal. Miss the deadline and the tenancy continues until the notice runs (RPL §226-c).
Can a landlord enter a rental without notice in New York?
There’s no statutory minimum, but courts apply the covenant of quiet enjoyment — commonly read as about a week’s notice for repairs and 24 hours for inspections — with immediate entry allowed in an emergency.
Can a landlord evict without cause in New York?
Outside rent-regulated housing, non-renewal without stated cause is generally allowed, subject to the §226-c notice periods. But in NYC and localities that opted into the Good Cause Eviction Law, a covered landlord must show a statutory good cause and large increases are presumptively unreasonable.
Does a New York lease need to be notarized?
No. A residential lease is enforceable once signed; New York doesn’t require notarization. New York does require consumer leases to be written in plain, clear language (GOL §5-702).