New York landlord and tenant rules
The figures that decide most disputes between New York landlords and tenants, each with a calculator and the statute behind it.
| Rule | New York | Statute | Tool |
|---|---|---|---|
| Maximum security deposit | 1 month's rent | N.Y. Gen. Oblig. Law § 7-108; § 7-103 | Deposit rules |
| Deposit return deadline | 14 days after the tenant vacates, with an itemized statement of any deductions; failure to provide both within 14 days forfeits the right to retain any part of the deposit | N.Y. Gen. Oblig. Law § 7-108; § 7-103 | Deposit rules |
| Interest on the deposit | Required | N.Y. Gen. Oblig. Law § 7-108; § 7-103 | New York interest calculator |
| Maximum late fee | Lesser of $50 or 5% after a 5-day grace period | N.Y. Real Prop. Law § 238-a | Late fee calculator |
| Landlord notice, month-to-month | 30 days | N.Y. Real Prop. Law § 226-c; § 232-a; § 232-b; RPAPL § 711(2); RPL Art. 6-A §§ 210-218 (Good Cause Eviction) | Notice calculator |
| Tenant notice, month-to-month | 30 days | N.Y. Real Prop. Law § 226-c; § 232-a; § 232-b; RPAPL § 711(2); RPL Art. 6-A §§ 210-218 (Good Cause Eviction) | Notice calculator |
| Rent increase notice | 30 days | N.Y. Real Prop. Law § 226-c; § 232-a; § 232-b; RPAPL § 711(2); RPL Art. 6-A §§ 210-218 (Good Cause Eviction) | Notice calculator |
| Pay-or-quit notice | 14 days | N.Y. Real Prop. Law § 226-c; § 232-a; § 232-b; RPAPL § 711(2); RPL Art. 6-A §§ 210-218 (Good Cause Eviction) | Notice calculator |
| Rent increase cap | NYC rent stabilization | Rent Stabilization Law; annual Rent Guidelines Board orders | NYC rent stabilization calculator |
Security deposits in New York
New York limits security deposits to 1 month's rent. The deposit must be returned 14 days after the tenant vacates, with an itemized statement of any deductions; failure to provide both within 14 days forfeits the right to retain any part of the deposit. New York is one of the states that requires interest on the deposit. Interest-bearing account required only for buildings of 6 or more units (§ 7-103(2-a)); landlord may keep 1% per year as an administrative fee, rest to tenant annually or at lease end. Punitive damages up to 2x deposit for willful violations. Pre- and post-tenancy inspection rights. Rent-stabilized units governed by § 7-107. Enacted by HSTPA 2019; no amendments found for 2024-2026. Full deposit rules and move-out checklist.
Late fees in New York
New York caps late fees at the lesser of $50.00 or 5% of the monthly rent. Rent must be at least 5 days late before any fee may be charged. Calculate the maximum fee.
Notice periods in New York
A New York landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. A rent increase needs 30 days’ notice. For nonpayment, the landlord must serve a 14-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.
Rent increase limits in New York
- NYC rent stabilization: The Rent Guidelines Board votes each June on the allowable increase for one-year and two-year leases starting 1 October.
Deposit interest in New York
- New York: The prevailing rate paid by the bank holding the deposit, minus 1% the landlord may keep. Landlords of buildings with six or more units (including New York City), and any landlord who voluntarily holds the deposit in an interest-bearing account.
Sources
- https://www.nysenate.gov/legislation/laws/GOB/7-108
- https://www.nysenate.gov/legislation/laws/GOB/7-103
- https://www.nysenate.gov/legislation/laws/GOB/7-107
- https://www.nysenate.gov/legislation/laws/RPP/238-A
- https://www.nysenate.gov/legislation/laws/RPP/226-C
- https://www.nysenate.gov/legislation/laws/RPP/228
- https://www.nysenate.gov/legislation/laws/RPP/232-A
- https://www.nysenate.gov/legislation/laws/RPP/232-B
- https://www.nysenate.gov/legislation/laws/RPA/711
- https://www.nysenate.gov/legislation/laws/RPP/A6-A
- https://www.nysenate.gov/legislation/laws/RPP/211
- https://www.nysenate.gov/legislation/laws/RPP/212
- https://www.nysenate.gov/legislation/laws/RPP/214
- https://www.nysenate.gov/legislation/laws/RPP/215
- https://www.nysenate.gov/legislation/laws/RPP/216
Frequently asked questions
How much can a landlord charge for a security deposit in New York?
1 month's rent. Interest-bearing account required only for buildings of 6 or more units (§ 7-103(2-a)); landlord may keep 1% per year as an administrative fee, rest to tenant annually or at lease end. Punitive damages up to 2x deposit for willful violations. Pre- and post-tenancy inspection rights. Rent-stabilized units governed by § 7-107. Enacted by HSTPA 2019; no amendments found for 2024-2026.
What is the maximum late fee for rent in New York?
Lesser of $50 or 5%. Lesser of $50 or 5% of monthly rent; no late fee unless rent is unpaid more than 5 days after the due date; lease clauses waiving this are void. Application/background-check fee capped at $20 or actual cost.
How much notice does a landlord have to give a tenant to move out in New York?
30 days’ written notice for a month-to-month tenancy. Landlord non-renewal/termination: 30 days if tenant has occupied under 1 year, 60 days for 1-2 years, 90 days for 2+ years (RPL § 226-c). Tenant: at least one month before end of term outside NYC (§ 232-b); 30 days in NYC (§ 232-a).
How long is a pay-or-quit notice in New York?
14 days. The tenant can stop the eviction by paying the full amount within that time.
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