New York Landlord-Tenant Laws: A Plain-English Guide
New York landlord-tenant laws changed sharply with the 2019 HSTPA and the 2024 Good Cause Eviction Law. Deposits are capped at one month and due back in 14 days, late fees max out at $50 or 5%, notice periods grow with the tenant's time in the unit, and evictions take months, not weeks. Here is the landlord year in New York, and how the state compares on security deposit laws by state.
By LandlordTested editorial teamLast reviewed
New York at a glance
- Security deposit limit
- 1 month's rent (HSTPA 2019)
- Deposit returned within
- 14 daysReturn within 14 days after the tenant vacates with an itemized statement of deductions; failing to provide the statement on time forfeits the landlord's right to keep any part of the deposit.
- Late fees
- Lesser of $50 or 5% of monthly rentGrace period: 5 days.
- Rent control
- Statewide cap appliesGood Cause Eviction Law (RPL Article 6-A, April 20, 2024): in NYC and opt-in localities, increases above 5% + CPI (max 10%) are presumptively unreasonable and can't be enforced via eviction; exempts small landlords (10 or fewer units), owner-occupied buildings of 10 or fewer units, new construction (CO after 2009, for 30 years) and high-rent units.
- Entry notice
- Reasonable notice (no statutory period; 24 hours customary); emergency entry permitted
- Notice for unpaid rent
- 14-day rent demand (RPAPL § 711(2)); a separate 5-day certified-mail notice of late rent is required under RPL § 235-e
- Ending a month-to-month
- 30 daysNon-renewal/termination notice: 30 days if tenant occupied under 1 year, 60 days for 1-2 years, 90 days for 2+ years (RPL § 226-c); same notice required for rent increases of 5% or more. Good Cause, rent stabilization, or local law may bar no-cause termination entirely.
Source: N.Y. Gen. Oblig. Law §§ 7-103, 7-108; N.Y. RPAPL §§ 711, 753; RPL §§ 226-c, 232-a, 235-e
New York topic guides
General information, not legal advice. Last legal review October 18, 2026. Laws change; check the statute or a local landlord-tenant attorney before acting.
Before the lease
Screening and application fees
You can charge an applicant your actual screening cost or $20, whichever is less (RPL § 238-a). That’s the full limit for a background and credit check combined. If an applicant hands you a recent report they paid for, accepting it saves both of you money.
New York bans discrimination based on lawful source of income statewide, so Section 8 and other vouchers count as income. HSTPA also bars turning someone down because of a past housing court case. Under the Fair Credit Reporting Act, get written consent before you pull a report and send an adverse action notice when you deny someone because of one. For criminal records, use individual review and no blanket bans. HUD withdrew its 2016 guidance in 2025, but the Fair Housing Act and state law still apply.
The deposit
One month’s rent at most (N.Y. Gen. Oblig. Law §§ 7-103, 7-108). In a building with 6 or more units, it must go into an interest-bearing account, and you may keep a 1% administrative fee. You must offer the tenant an inspection before move-in, which gives you a signed record of the unit’s condition.
Brokers
In New York City, the FARE Act (June 11, 2025) means a broker you hire can’t charge the tenant, and fees have to be disclosed in listings.
During the tenancy
Rent increases, Good Cause and stabilization
Outside regulated housing, you set the rent, but an increase of 5% or more needs the 30, 60 or 90-day notice tied to the tenant’s time in the unit (RPL § 226-c). In NYC and opt-in municipalities, the Good Cause Eviction Law (RPL §§ 210-218) treats increases above 5% plus CPI, capped at 10%, as presumptively unreasonable, and you can’t evict to enforce one. Rent-stabilized units in NYC and in municipalities that adopted the Emergency Tenant Protection Act follow their own rules, set by DHCR.
For a 1-to-4 unit owner, the key fact is that Good Cause exempts landlords with 10 or fewer units, though the exemption has conditions worth confirming.
Late fees
The lesser of $50 or 5% of rent, and only after rent is more than 5 days late (RPL § 238-a(2)).
Entry and repairs
No statute sets a notice period. Reasonable notice is the standard, 24 hours is customary, and emergencies allow immediate entry. Every New York lease carries a warranty of habitability, so heat, hot water and serious defects need prompt attention.
Ending the tenancy
Notices
- Late rent: if rent is 5 or more days late, send the certified-mail notice required by RPL § 235-e. It’s a prerequisite to a nonpayment case.
- Nonpayment: a 14-day rent demand (RPAPL § 711(2)).
- Lease violations: a notice to cure, typically 10 days under the lease or regulations, then a termination notice before a holdover case. Confirm the right period with the court or an attorney.
- Non-renewal or termination: 30, 60 or 90 days by tenure (RPL § 226-c).
Move-out and deposit return
Offer the tenant a pre-move-out inspection so they can fix problems first. Then return the deposit with an itemized statement within 14 days after they vacate. Miss the deadline and you lose the right to keep any of it, even for real damage.
Eviction overview
File a petition and notice of petition in Housing Court in NYC, or in the local city, district, town or village court elsewhere. The papers must be served 10-17 days before the first court date. Many cases go to conference or settle. With a judgment of possession, you get a warrant of eviction, and a marshal or sheriff serves a 14-day notice before carrying it out. Filing costs $45 in NYC Housing Court and roughly $20-$45 in other courts, so confirm with the clerk.
What’s different in New York
- HSTPA 2019 set the 1-month deposit cap, the 14-day itemized return, the $20 application fee limit and the 30/60/90-day notice tiers.
- Good Cause Eviction (2024) limits evictions and non-renewals and caps reasonable increases at 5% plus CPI (10% max) in NYC and opt-in municipalities.
- Tight late-fee rules. The lesser of $50 or 5% after 5 days, plus the RPL § 235-e certified notice before any nonpayment case.
- The NYC FARE Act stops landlord-hired brokers from charging tenants.
- Long stays and no self-help. Courts can delay eviction up to a year for hardship (RPAPL § 753), and lockouts are illegal under RPL § 768.
Questions landlords ask
The questions we get most, each answered in a paragraph.
How much can a New York landlord charge for a security deposit?
One month's rent, under the 2019 HSTPA (N.Y. Gen. Oblig. Law §§ 7-103, 7-108). You must return it within 14 days after the tenant moves out, with an itemized statement of deductions. Missing the 14-day statement forfeits your right to keep any part of it. Buildings with 6 or more units must hold deposits in an interest-bearing account, and you can keep a 1% administrative fee.
What is the maximum late fee in New York?
The lesser of $50 or 5% of monthly rent, and only once rent is more than 5 days late (N.Y. Real Prop. Law § 238-a(2)). On $1,800 rent, 5% is $90, so the cap is $50. On $900 rent, the cap is $45. Separately, if rent is 5 or more days late, you must send a certified-mail late notice under RPL § 235-e.
Does Good Cause Eviction apply to small landlords?
Often not. The 2024 law (RPL Article 6-A) applies in New York City and in municipalities that opt in, and it exempts landlords with 10 or fewer units, owner-occupied buildings of 10 or fewer units, newer construction and high-rent units. Exemption details are specific, so confirm your status with a local attorney or your city's housing office before relying on one.
How much notice does a New York landlord give to not renew a lease?
It depends on how long the tenant has lived there (RPL § 226-c). Under 1 year, 30 days. One to 2 years, 60 days. Two years or more, 90 days. The same notice is required before a rent increase of 5% or more. Good Cause, rent stabilization or local law may bar a no-cause non-renewal entirely.
How long does an eviction take in New York?
Uncontested cases commonly take 6-12 weeks or more, and New York City cases often run several months. Courts can also stay an eviction for up to a year for hardship under RPAPL § 753. Build that time into your planning, and never change the locks yourself, because unlawful self-help eviction is a crime and a civil violation under RPL § 768.