Rental agreement › United States › New York
New York rental agreement — laws, template & free PDF
A New York rental agreement is a residential tenancy contract governed by New York landlord-tenant law. This guide summarizes the current rules on security deposits, notice, entry and disclosures, and lets you download a free PDF pre-filled with New York defaults.
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New York landlord-tenant law at a glance
| Security deposit cap | 1 month's rent (2019 HSTPA) |
|---|---|
| Deposit return deadline | 14 days |
| Entry notice required | Reasonable notice |
| Month-to-month termination | 30-90 days (tiered by tenancy) |
| Late fee rule | Cap: 5% or $50, whichever less; 5-day grace |
| Rent control | NYC rent stabilization; Emergency Tenant Protection Act in some counties |
| Small claims limit | $10,000 (NYC), $5,000 elsewhere |
Mandatory disclosures for New York landlords
- Lead paint
- Window guards
- Bedbugs (NYC)
- Sprinkler
Landlords who fail to provide a required disclosure expose themselves to statutory damages and can lose their right to evict until the disclosure is corrected.
Security deposit handling
Under New York law, the security deposit is capped at 1 month's rent (2019 HSTPA) and must be returned within 14 days after the tenant vacates the premises, minus any lawful deductions for unpaid rent or damage beyond ordinary wear and tear. A landlord who fails to comply with the statutory deadline may forfeit the right to make any deductions and — in several states — face double or triple damages.
For the full side-by-side, see our security deposit rules by state guide.
Late fees in New York
Cap: 5% or $50, whichever less; 5-day grace. The late fee clause must appear in the signed lease — a landlord cannot impose a fee that was not agreed to in writing. See our late fee clause guide for drafting examples.
Ending a month-to-month tenancy
Either party may end a month-to-month tenancy in New York with 30-90 days (tiered by tenancy) written notice. For cause-based termination (non-payment, lease violations), see our eviction notice guide.
Neighbouring states
Compare rental agreement rules in all 50 US states →
Frequently asked questions
How much security deposit can a landlord charge in New York?
In New York, the statutory limit is 1 month's rent (2019 HSTPA). The deposit must be returned within 14 days after the tenant vacates and provides a forwarding address.
How much notice is required to end a month-to-month tenancy in New York?
30-90 days (tiered by tenancy) written notice is the standard in New York for either party to end a month-to-month tenancy, subject to any local rent-control rules.
Does New York have rent control?
NYC rent stabilization; Emergency Tenant Protection Act in some counties.
How much entry notice must a landlord give in New York?
New York requires Reasonable notice of notice before a landlord can enter, except in emergencies.