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New York Lease Agreement
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New York at a glance: Security Deposit Limit: 1 month's rent (HSTPA 2019) · Deposit Return Deadline: 14 days after tenancy ends · Notice to Terminate Month-to-Month: 30 days (under 1 year); 60 days (1–2 years); 90 days (2+ years)
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Overview
Lease Agreements in New York
New York has some of the strongest tenant protections in the United States, codified in the Housing Stability and Tenant Protection Act of 2019 (HSTPA). The law significantly strengthened tenant rights regarding security deposits, application fees, lease renewals, and eviction procedures.
New York City and many municipalities have rent stabilization and rent control programs that impose additional requirements. In New York City, over one million apartments are subject to rent stabilization, which limits annual rent increases and requires lease renewals.
Security deposits are capped at one month's rent for most residential tenancies statewide (under HSTPA). Deposits must be returned within 14 days of the tenancy ending.
Key Facts
New York Lease Agreement — Quick Reference
| Requirement | New York Rule |
|---|---|
| Security Deposit Limit | 1 month's rent (HSTPA 2019) |
| Deposit Return Deadline | 14 days after tenancy ends |
| Notice to Terminate Month-to-Month | 30 days (under 1 year); 60 days (1–2 years); 90 days (2+ years) |
| Rent Stabilization (NYC) | Applies to ~1 million NYC apartments; limits rent increases |
| Eviction Notice (Non-Payment) | 14-Day Rent Demand |
| Landlord Entry Notice | Reasonable notice required (no statutory minimum in most cases) |
| Late Fee Limit | $50 or 5% of monthly rent (whichever is less) |
| Governing Law | Real Property Law, Real Property Actions and Proceedings Law (RPAPL) |
Legal Requirements
New York Legal Requirements
- Security deposits must be placed in an interest-bearing account and interest paid to tenant annually (for buildings with 6+ units).
- Landlords must provide a written receipt for the security deposit.
- Lead paint disclosure is required for properties built before 1978.
- New York City requires window guards upon request if children under 10 reside in the unit.
- Landlords must provide a move-in inspection checklist.
- Application fees are capped at the actual cost of the background/credit check (no more than $20).
- Landlords must provide notice of rent increases meeting HSTPA requirements.
Governing Laws
New York Governing Laws
N.Y. Gen. Oblig. Law § 7-108
Security Deposits — One Month Limit
Under the Housing Stability and Tenant Protection Act of 2019, security deposits for most residential tenancies are capped at one month's rent. Landlords must return deposits within 14 days with an itemized statement of deductions.
N.Y. Real Prop. Law § 235-b
Warranty of Habitability
Implies a warranty that the premises are fit for human habitation and for the uses reasonably intended by the parties. The landlord may not waive this warranty.
N.Y. Real Prop. Law § 226-c
Notice of Rent Increase or Non-Renewal
Requires landlords to provide 30, 60, or 90 days' notice (depending on tenancy length) of rent increases or non-renewal of lease. Failure to provide proper notice bars the landlord from proceeding with the eviction.
Read the full text of these laws at Cornell Law School's New York legal resources or your state legislature's official website.
Questions & Answers
New York Lease Agreement — Frequently Asked Questions
What is the security deposit limit in New York?
Since the Housing Stability and Tenant Protection Act of 2019, security deposits are capped at one month's rent for most residential tenancies. Landlords must return the deposit (with itemized deductions) within 14 days of the tenant vacating, or they forfeit the right to make deductions.
What is rent stabilization in New York City?
Rent stabilization covers approximately one million NYC apartments, primarily in buildings built before 1974 with 6 or more units. Rent Stabilized landlords must offer lease renewals, can only raise rent by amounts set annually by the NYC Rent Guidelines Board, and cannot remove tenants except for specific causes.
What notice must a New York landlord give to terminate a tenancy?
New York now requires significant notice: 30 days for tenancies under 1 year, 60 days for tenancies of 1–2 years, and 90 days for tenancies of 2 years or more. These notices must be served in a legally specific manner — improper service will invalidate the notice.
Can a New York landlord charge application fees?
Under the HSTPA, landlords may only charge applicants for the actual cost of a background or credit check, capped at $20. Landlords cannot charge general "application fees."
How does eviction work in New York?
New York has some of the most tenant-protective eviction procedures in the country. Non-payment evictions start with a 14-Day Rent Demand. Holdover evictions require proper notice based on tenancy length. Landlords file in Housing Court, and the process can take several months. Self-help evictions (lockouts, utility shutoffs) are illegal.