Most landlords have no idea how strict New York really is. Seriously. If you own rental property in New York, you’ve got a lot of rules to follow. The good news? Once you understand the basics, it gets way easier.
We’re breaking down exactly what you need to know about New York landlord laws. This isn’t legal jargon. It’s real talk about what you can and can’t do with your properties.
What Do Landlord Laws Actually Cover?
New York landlord laws are basically the rulebook for renting property. They spell out what landlords must do and what tenants can expect. These laws protect both sides, honestly. They prevent landlords from taking advantage of tenants. They also protect landlords from problematic tenants.
Think of it like a contract with teeth. Both sides have to follow the rules, or there are consequences. Ready? Let’s go.
Security Deposits: The Biggest Headache for Landlords
Here’s where it gets important. Security deposit rules in New York are strict. Really strict.
The deposit amount is capped at one month’s rent. You literally cannot ask for more. So if the rent is $2,000, the deposit can be a maximum of $2,000. Not $2,200. Not $2,500. One month. Period.
Think of it like this: the security deposit is the tenant’s money. You’re just holding it. It’s not yours to use or spend. This is critical.
Where You Have to Keep the Deposit
Not sure where to put the security deposit? This matters way more than you think.
If your building has six or more rental units, you must place the deposit in an interest-bearing account at a New York State bank. No exceptions. You also have to give the tenant written notice of which bank and account the money’s in.
Buildings with fewer than six units? You’re not required to use an interest-bearing account. But honestly, many landlords do anyway. It’s just easier and more professional.
The Interest Thing (and That 1% Fee)
Okay, here’s where things get interesting.
For buildings with six or more units, the tenant gets the interest that builds up on their deposit. But here’s the catch: you can keep 1% of the deposit annually as an administrative fee. So if the account earns 2.5% interest, you keep 1%, and the tenant gets 1.5%.
Not sure what to do with the interest money? The tenant can ask you to do one of three things:
- Pay it out as a lump sum at the end of each year
- Subtract it from their next month’s rent
- Hold it until they move out
Let the tenant choose. Don’t decide for them.
When You Have to Return It
Wondering if this applies to you? Yep, all deposits must be returned.
You’ve got to return the full deposit (plus any interest) within 14 days of move-out. But here’s the catch: if you need to deduct for damages or unpaid rent, you need proper documentation. That means receipts, photos, itemized lists. No guessing.
Here’s what you CAN deduct from the deposit:
- Unpaid rent
- Utility bills (if specified in the lease)
- Damage beyond normal wear and tear
- Cleaning costs
- Moving or storage costs for tenant belongings
What you CANNOT deduct:
- Normal wear and tear (like faded paint or worn carpet)
- Cleaning after normal tenant use
- Damage that existed before move-in
The tenant has the right to an inspection before moving out. So give them a heads up about this. Tenants can request a pre-exit walkthrough to document existing condition and a post-exit walkthrough for move-out damage. You have to offer this.
If you keep the deposit without proper documentation, tenants can sue for twice the amount you wrongfully withheld. Not triple. Twice. But still, that hurts.
Eviction: The Legal Way to Get a Tenant Out
Okay, pause. Read this carefully. Eviction is probably the most complicated part of being a landlord in New York.
You can’t just tell someone to leave. You have to follow specific steps, and each situation has different rules.
Non-Payment of Rent
This is the most common one. If a tenant stops paying, here’s what you do:
First, you issue a 14-day Notice to Pay. The tenant has 14 days to pay what they owe. If they don’t pay, you can start formal eviction proceedings. But you have to go through the courts. No shortcuts.
Breaking the Lease Terms
If the tenant violates the lease (like having unauthorized pets or making excessive noise), you issue a 10-Day Notice to Comply. They get 10 days to fix the problem. If they don’t, you can give them a 30-Day Notice to Quit. After that, you can start eviction proceedings.
End of Lease
Here’s where it gets tricky. Different notice periods apply depending on how long the tenant has been renting.
If the lease is less than one year: 30-day notice If the lease is one to two years: 60-day notice If the lease is more than two years: 90-day notice
The longer they’ve been there, the more notice you have to give. This is New York protecting long-term tenants.
Illegal Activity
This one’s different. If you have documentation of illegal activity (like drug manufacturing or prostitution), you can give an immediate unconditional notice to quit. No waiting period. But you need solid evidence.
Not sure what counts as illegal? Things like manufacturing controlled substances, prostitution, or operating an unlicensed business. Basically, serious crimes. Not normal lease violations.
Habitability: Your Most Important Responsibility
Here’s the thing: you must provide a habitable dwelling. This isn’t optional. This is the law.
The property must have:
- Proper plumbing and water supply
- Working heat in winter (at least 68 degrees between 6 AM and 11 PM)
- Safe electrical systems
- No pest infestations
- Functional windows and doors
- Proper ventilation
If something breaks, the tenant can notify you in writing. You then have a “reasonable time” to fix it. Usually that means under 30 days. If you don’t fix it, things get serious. The tenant can:
- Sue you for repair costs
- Deduct repair costs from rent (called “repair and deduct”)
- Break the lease and move out
- Call housing inspectors
Honestly, the smartest move? Fix problems quickly. It’s cheaper than dealing with court cases or tenants withholding rent.
Rent Increases: Understanding the Rules
Now, here’s where things get complex. Not all rent increases are the same in New York.
For regular, non-regulated apartments, you can raise rent however much you want when the lease expires. But here’s the trick: you have to give proper notice. At least 30, 60, or 90 days depending on how long the tenant has been there.
For rent-stabilized apartments, it’s completely different. The Rent Guidelines Board sets how much you can increase rent each year. For leases starting October 1, 2025 through September 30, 2026, the allowed increase is 3% for one-year leases and 4.5% for two-year leases.
Wondering which apartments are rent-stabilized? Basically, apartments in buildings with six or more units that were built before 1974 are often rent-stabilized. Check the property before you assume.
Repairs and Maintenance: The Landlord’s Job
Okay, this one’s important. You can’t ignore problems and hope they go away.
The law says you must make necessary repairs within a reasonable time after written notice from a tenant. “Reasonable time” typically means 30 days maximum. If you don’t comply, tenants have serious options.
They can repair it themselves and deduct the costs from rent. Or they can pay a third party to fix it and deduct those costs from rent. The courts usually side with tenants on this, honestly.
Some repairs are more urgent than others. Heat in winter? Emergency. Leaky roof? Should be addressed soon. Cosmetic issues? You have more time.
Keep records of all repair requests and when you completed them. Document everything with photos and dates. This protects you if there’s ever a dispute.
Security Deposit Changes Coming in 2025-2026
Hold on, this part’s important. There are new bills being considered that could change security deposit laws.
One bill proposes that security deposits must be returned within 21 days instead of 14 days. Another suggests landlords can’t deduct more than necessary for repairs. And there’s even a bill about giving tenants a “Renter’s Bill of Rights” rider with their lease.
These laws might not be finalized yet, but they’re being pushed through the legislature. Stay updated. Check with your property management association or a local attorney to know when they pass.
Discrimination and Harassment: Absolute No-Gos
Listen, this is serious. New York has strict anti-discrimination laws.
You cannot refuse to rent to someone based on:
- Race, color, or national origin
- Religion or creed
- Gender or gender identity
- Sexual orientation
- Age (if they’re of legal age)
- Disability
- Familial status (having children)
- Prior involvement in a landlord-tenant court case
That last one’s important. New York specifically prohibits using a “tenant blacklist.” If someone was involved in a prior housing court dispute, you can’t deny them housing because of that. It’s illegal.
Harassment is also illegal. You can’t harass tenants into leaving. Harassment includes:
- Threatening to evict or raise rent
- Reducing services
- Interfering with utilities
- Making the property less habitable on purpose
- Creating unsafe or intimidating conditions
If you retaliate against a tenant for reporting code violations or complaining about habitability issues, that’s also illegal.
Retaliation: You Can’t Punish Tenants for Complaints
Now here’s where landlords get in trouble. If a tenant reports violations to housing authorities, you can’t punish them.
You cannot:
- Raise their rent in retaliation
- Threaten eviction
- Reduce services or maintenance
- Harass them
- Refuse to renew their lease
The law protects tenants who take protected actions. And “protected actions” include complaining to government agencies about habitability problems, organizing tenants’ rights groups, or asking for repairs.
If you do retaliate, the tenant can sue you and potentially recover damages.
Lease Requirements and Disclosures
Let’s talk about what has to be in a lease.
Your lease must include:
- Identification of the property
- Names and addresses of landlord and tenant
- Amount and due date of rent
- Beginning and ending dates
- Conditions of occupancy
- Rights and responsibilities of both parties
- Whether the unit is rent-stabilized (if applicable)
- Lead-based paint disclosures (for pre-1978 properties)
- Sprinkler system status
- Building security deposit procedures
Leases for more than one year should be written. Oral leases for over one year aren’t legally enforceable. So get it in writing.
All leases must use clear, everyday language. The font must be large enough to read easily. Sections need clear headings. Don’t bury important information in tiny font or complex language.
A new bill is being proposed that would require you to give tenants a “Renter’s Bill of Rights” rider with their lease. This would explain tenant rights in simple language. It’s probably going to pass, so get ready for it.
Lead Paint Disclosure: Non-Negotiable
If your property was built before 1978, it might have lead-based paint. You must disclose this to tenants.
You have to provide:
- A written disclosure that the property may contain lead paint
- Information about lead hazards
- Contact information for local lead poisoning prevention programs
- The EPA pamphlet on lead hazards
You also can’t rent the property until the tenant has had at least 10 days to inspect for lead. This is serious. Lead poisoning causes permanent brain damage in children.
Tenant’s Right to Organize
Here’s something many landlords don’t know. Tenants have a right to organize.
Tenants can form or join tenants’ groups. They can discuss housing issues together. You cannot:
- Punish them for organizing
- Refuse to renew leases because of organizing
- Harass them for being part of a tenants’ group
- Threaten them
- Evict them in retaliation for organizing
This is protected activity. Don’t try to stop it.
Recording Rent Payments to Build Credit
There’s a new bill (2025) that’s being pushed through that would require landlords to offer tenants the option of having their rent payments reported to credit bureaus.
This helps tenants build credit. If tenants are paying on time, they should get credit for it. You’d have to offer this option in writing.
The tenant gets to choose whether they want their payments reported. And if they’re using repair-and-deduct rights or withholding rent for legitimate reasons, that shouldn’t count as a late payment against them.
Building Sold? Transfer Responsibility Immediately
If you sell the building, you can’t just leave the tenants hanging.
You must transfer all security deposits to the new owner within five days. Or you must return them to tenants. You also have to notify tenants in writing of the new owner’s name and address.
The new owner becomes responsible for returning deposits and interest. This responsibility applies whether the new owner actually received the deposits from you or not.
If you sell a rent-stabilized building and fail to do this correctly, you could face serious penalties.
Frequently Asked Questions
How much can I charge for late rent fees? You can charge reasonable late fees, but they can’t exceed 5% of the monthly rent or be unconscionable. What’s “unconscionable”? Basically, way too much compared to the actual harm caused.
Can I enter the tenant’s apartment whenever I want? No. You can enter for necessary repairs, inspections, or to show the property to prospective tenants. But you need 24 hours’ notice in writing (except in emergencies). You can’t harass tenants by entering constantly.
What if the tenant wants to break the lease early? This depends on the lease. Generally, tenants are liable for remaining rent if they break the lease. But landlords must try to mitigate damages by finding a new tenant. Some situations (like domestic violence or relocating to a family member’s home) allow tenants to break leases without penalty.
Can I charge a non-refundable fee? Careful here. Most non-refundable fees are problematic in New York. Landlords can’t charge “cleaning fees,” “administrative fees,” or other non-refundable charges. The only money you collect upfront should be the rent and the security deposit. Everything else is risky legally.
What if the tenant sues me for returning the deposit late? If you wrongfully withhold a security deposit, the tenant can sue for twice the amount withheld, plus attorney fees and court costs. And if you do it willfully (meaning on purpose), they can sometimes recover more.
When to Call a Lawyer
Honestly, this is important. Some landlord situations need professional help.
Call a real estate attorney if:
- You need to evict a tenant
- A tenant is withholding rent
- There’s a dispute over security deposits
- A tenant is suing you
- You’re unsure about lease language
- A tenant claims you’re retaliating
- There’s a serious habitability issue
Initial consultations are often affordable. And having a lawyer review your leases and procedures prevents expensive problems later.
Final Thoughts
New York landlord laws are definitely complex. But here’s the real thing: if you treat tenants fairly, maintain your properties, follow the rules, and document everything, you’ll be fine.
The biggest mistakes landlords make are ignoring maintenance requests, mishandling security deposits, and not giving proper notice. Don’t be that landlord.
Stay informed, stay fair, and when in doubt, ask a lawyer. Now you know the basics. Go manage your properties the right way.
References
- New York Real Property Law Article 7 – Official state landlord-tenant law
- NY State Attorney General: Residential Tenants’ Rights Guide – Comprehensive official guide
- NY State Attorney General: Security Deposits – Official security deposit information
- NYC Division of Housing and Community Renewal Fact Sheet #9 – Security deposits and charges
- NYC Rent Guidelines Board Order #57 – Current rent increase guidelines
