New York Residential Lease Agreement

Q: How much can a landlord charge for a security deposit in New York?

Landlords may collect no more than one month's rent as a security deposit, and may not also collect last month's rent or other advance rent (N.Y. Gen. Oblig. Law § 7-108(1-a)(a)).

Q: How long does a New York landlord have to return a security deposit?

Landlords must return the deposit, less any itemized deductions, within 14 days after the tenant vacates (N.Y. Gen. Oblig. Law § 7-108(1-a)(e)).

Q: Is there a limit on late fees in New York?

A late fee may not exceed the lesser of $50 or 5% of the monthly rent (N.Y. Real Prop. Law § 238-a(2)). A late fee may be charged only if rent is still unpaid five days after its due date (N.Y. Real Prop. Law § 238-a(2)).

Q: How much notice must a New York landlord give before entering a rental?

New York has no statute setting an entry-notice period; landlords should give reasonable advance notice and enter at reasonable times for repairs or as the lease allows, except in emergencies (NY AG Residential Tenants' Rights Guide, "Right to Privacy") (NY AG Residential Tenants' Rights Guide, Right to Privacy (p. 54)).

Q: How much notice ends a month-to-month tenancy in New York?

To end a month-to-month tenancy a landlord must give 30, 60 or 90 days' written notice depending on whether the tenant has lived there under one year, one to two years, or two years or more, and a tenant outside NYC must give one month's notice (N.Y. Real Prop. Law §§ 226-c, 232-a, 232-b) (N.Y. Real Prop. Law § 226-c(2)).

Q: What disclosures does a New York lease need?

Every New York residential lease must include a sprinkler-system notice, a flood-zone/flood-history disclosure and the Good Cause Eviction Law notice under § 231-c, and pre-1978 units need the federal lead-paint disclosure (N.Y. Real Prop. Law §§ 231-a, 231-b, 231-c) (N.Y. Real Prop. Law § 231-a). The list covers Lead-based paint disclosure and EPA pamphlet, Sprinkler system notice (bold type) with last maintenance/inspection date, Flood zone, flood history and renters flood insurance (NFIP) disclosure and Good Cause Eviction Law notice (whether unit is covered, exemption, justification for above-standard increases).

New York caps most security deposits at 1 month's rent (2 exceptions apply), and requires its return within 14 days after move-out.

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Last verified: 2026-10-27 · Researched and cited by MakeLease · not yet attorney-reviewed

New York lease rules at a glance

Key New York rules for a residential lease, with the statute behind each
Rule	What the law says
Security deposit cap	1 month's rent (with exceptions)N.Y. Gen. Oblig. Law § 7-108(1-a)(a)
Deposit return deadline	14 days after move-outN.Y. Gen. Oblig. Law § 7-108(1-a)(e)
Late fees	Lesser of $50 or 5% of monthly rent · grace period: 5 daysN.Y. Real Prop. Law § 238-a(2)
Landlord entry notice	No state ruleNY AG Residential Tenants' Rights Guide, Right to Privacy (p. 54)
Ending a month-to-month lease	30 days (either side)N.Y. Real Prop. Law § 226-c(2), N.Y. Real Prop. Law § 232-a (NYC), N.Y. Real Prop. Law § 232-b (outside NYC)
Rent increase notice	30 days (Applies to increases of 5% or more: 30 days if occupancy < 1 year and lease < 1 year; 60 days if occupancy or lease 1–2 years; 90 days if occupancy or lease 2+ years)N.Y. Real Prop. Law § 226-c
Rent control	No statewide law; cities may regulateEmergency Tenant Protection Act of 1974 § 3, N.Y. Real Prop. Law § 211(8) (local rent standard), N.Y. Real Prop. Law § 213 (opt-in outside NYC), N.Y. Real Prop. Law § 214 (exemptions), N.Y. Real Prop. Law § 216, N.Y. Real Prop. Law § 212 (applies in NYC)
Eviction notice for unpaid rent	14 days (14-day written rent demand)N.Y. RPAPL § 711(2)

New York lease disclosures checklist

Lead-based paint disclosure and EPA pamphlet — Housing built before 197842 U.S.C. § 4852d; 40 CFR Part 745 Subpart F
Sprinkler system notice (bold type) with last maintenance/inspection date — Every residential leaseN.Y. Real Prop. Law § 231-a
Flood zone, flood history and renters flood insurance (NFIP) disclosure — Every residential lease (effective June 21, 2023)N.Y. Real Prop. Law § 231-b
Good Cause Eviction Law notice (whether unit is covered, exemption, justification for above-standard increases) — Every initial and renewal lease, § 226-c increase/non-renewal notice, RPAPL § 711(2) rent demand and § 741 petition; the notice must state whether the unit is covered or which exemption applies (including a locality outside NYC that has not opted in)N.Y. Real Prop. Law § 231-c

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Local rules can add to state law

New York City: rent stabilization and rent control (DHCR-administered) cover much of the older multifamily stock; the Good Cause Eviction Law (RPL Art. 6-A) applies citywide without opt-in; landlords must give an annual window-guard notice and lease rider (NYC Health Code § 131.15; Admin. Code § 27-2043.1), a bedbug infestation-history disclosure (Admin. Code § 27-2018.1), and since June 11, 2025 the FARE Act (Local Law 119 of 2024) bars passing the landlord's own broker fee to tenants. Outside NYC, Good Cause applies only in cities, towns and villages that opt in by local law (e.g. Albany and several others listed by DHCR), and rent stabilization applies only in municipalities that declared an emergency under the Emergency Tenant Protection Act (parts of Nassau, Westchester, Rockland and, since 2019, any opting-in locality such as Kingston). Rent-stabilized and rent-controlled units follow separate DHCR rules for deposits, renewals and evictions.

Before you sign in New York

Deposit cap exceptions in New York: One month's rent; no other advance rent may be collected N.Y. Gen. Oblig. Law § 7-108(1-a)(a)
Registered seasonal-use units (GOL § 7-108(1-a)(a), (4)-(5)): no cap
Owner-occupied cooperative apartment, i.e. the tenant is the shareholder/owner (GOL § 7-108(1-a)(a), (6)): no cap
In effect since July 14, 2019.
Before July 14, 2019: No statewide cap for unregulated units before the Housing Stability and Tenant Protection Act of 2019 (rent-stabilized units were already limited to one month).
If a deposit is withheld wrongly: A landlord who misses the 14-day itemization deadline forfeits any right to keep part of the deposit, and a willful violator owes actual damages plus punitive damages up to twice the deposit (N.Y. Gen. Oblig. Law § 7-108(1-a)(e), (g)). (N.Y. Gen. Oblig. Law § 7-108(1-a)(e), (g))
Deductions from the deposit: Landlords must give the tenant an itemized statement of the basis for any amount retained within 14 days after the tenant vacates (N.Y. Gen. Oblig. Law § 7-108(1-a)(e)). (N.Y. Gen. Oblig. Law § 7-108(1-a)(b), (e))
Interest on the deposit: Landlords of buildings with six or more units must keep deposits in an interest-bearing New York bank account and credit the tenant with the interest minus a 1% annual administrative fee (N.Y. Gen. Oblig. Law § 7-103(2), (2-a)). (N.Y. Gen. Oblig. Law § 7-103(2), (2-a))
Rent control and increases: New York has no statewide rent cap, but NYC and opting-in localities have rent stabilization under the Emergency Tenant Protection Act, and the Good Cause Eviction Law treats increases above the lower of 5% plus inflation or 10% as presumptively unreasonable in covered units (Emergency Tenant Protection Act § 3; N.Y. Real Prop. Law §§ 211(8), 216). (Emergency Tenant Protection Act of 1974 § 3, N.Y. Real Prop. Law § 211(8) (local rent standard), N.Y. Real Prop. Law § 213 (opt-in outside NYC), N.Y. Real Prop. Law § 214 (exemptions), N.Y. Real Prop. Law § 216, N.Y. Real Prop. Law § 212 (applies in NYC))
No statewide rent cap. Rent stabilization/control applies in NYC and in municipalities that opt into the Emergency Tenant Protection Act (vacancy rate ≤5%). The 2024 Good Cause Eviction Law (NYC and opt-in localities) presumes increases above the local rent standard (lower of 5% + CPI or 10%) unreasonable for covered units.
In effect since April 20, 2024.
If rent goes unpaid: Before filing a nonpayment case, the landlord must serve a written demand giving the tenant at least 14 days to pay the rent (N.Y. Real Prop. Actions & Proc. Law § 711(2)). (N.Y. RPAPL § 711(2))

New York lease FAQs

How much can a landlord charge for a security deposit in New York?

Landlords may collect no more than one month's rent as a security deposit, and may not also collect last month's rent or other advance rent (N.Y. Gen. Oblig. Law § 7-108(1-a)(a)).

How long does a New York landlord have to return a security deposit?

Landlords must return the deposit, less any itemized deductions, within 14 days after the tenant vacates (N.Y. Gen. Oblig. Law § 7-108(1-a)(e)).

Is there a limit on late fees in New York?

A late fee may not exceed the lesser of $50 or 5% of the monthly rent (N.Y. Real Prop. Law § 238-a(2)). A late fee may be charged only if rent is still unpaid five days after its due date (N.Y. Real Prop. Law § 238-a(2)).

How much notice must a New York landlord give before entering a rental?

New York has no statute setting an entry-notice period; landlords should give reasonable advance notice and enter at reasonable times for repairs or as the lease allows, except in emergencies (NY AG Residential Tenants' Rights Guide, "Right to Privacy") (NY AG Residential Tenants' Rights Guide, Right to Privacy (p. 54)).

How much notice ends a month-to-month tenancy in New York?

To end a month-to-month tenancy a landlord must give 30, 60 or 90 days' written notice depending on whether the tenant has lived there under one year, one to two years, or two years or more, and a tenant outside NYC must give one month's notice (N.Y. Real Prop. Law §§ 226-c, 232-a, 232-b) (N.Y. Real Prop. Law § 226-c(2)).

What disclosures does a New York lease need?

Every New York residential lease must include a sprinkler-system notice, a flood-zone/flood-history disclosure and the Good Cause Eviction Law notice under § 231-c, and pre-1978 units need the federal lead-paint disclosure (N.Y. Real Prop. Law §§ 231-a, 231-b, 231-c) (N.Y. Real Prop. Law § 231-a). The list covers Lead-based paint disclosure and EPA pamphlet, Sprinkler system notice (bold type) with last maintenance/inspection date, Flood zone, flood history and renters flood insurance (NFIP) disclosure and Good Cause Eviction Law notice (whether unit is covered, exemption, justification for above-standard increases).

New York landlord-tenant law — every topic in full, compared with neighbouring states
New York security deposit law — limit, return deadline and a deadline calculator
Connecticut residential lease agreement
Massachusetts residential lease agreement
New Jersey residential lease agreement
Notice to vacate
Lead paint disclosure
Lease agreements for other states

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New York Residential Lease Agreement

New York lease rules at a glance

New York lease disclosures checklist

Before you sign in New York

New York lease FAQs

How much can a landlord charge for a security deposit in New York?

How long does a New York landlord have to return a security deposit?

Is there a limit on late fees in New York?

How much notice must a New York landlord give before entering a rental?

How much notice ends a month-to-month tenancy in New York?

What disclosures does a New York lease need?

More on renting in New York

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