New York Landlord-Tenant Laws (2026)
Last reviewed: July 2026
New York caps security deposits at one month's rent and requires return within 14 days, both products of the 2019 Housing Stability and Tenant Protection Act. Nonpayment evictions require a 14-day notice, late fees are capped at the lesser of $50 or 5%, and termination notice scales from 30 to 90 days with tenancy length. Rent stabilization covers a large share of New York City apartments and opt-in localities statewide.
General information, not legal advice. Verify with the current statute or a local attorney before acting.
New York landlord-tenant rules at a glance
| Security deposit limit | 1 month's rent (HSTPA, 2019) |
|---|---|
| Deposit return deadline | 14 days |
| Notice to enter | No statewide statute, reasonable notice customary; NYC leases and local rules add specifics |
| Rent control | Rent stabilization and rent control in NYC and opt-in localities under the ETPA/HSTPA |
| Eviction notice (nonpayment) | 14-day notice to pay or quit |
| Late fee rule | Capped at $50 or 5% of monthly rent, whichever is less, after a 5-day grace period |
| Month-to-month termination | 30 days (60-90 days for tenancies over 1 and 2 years respectively) |
| Governing statute | New York Real Property Law Art. 7 and Housing Stability and Tenant Protection Act of 2019 |
Security deposits in New York
The deposit rule in New York is: 1 month's rent (HSTPA, 2019). After the tenancy ends, the landlord must return the deposit within 14 days, typically with an itemized statement for any amounts withheld. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and other charges the statute or lease allows — routine repainting and carpet aging from ordinary use generally cannot be charged to the tenant. Both parties should document the unit’s condition at move-in and move-out; disputes usually turn on that evidence.
Landlord entry and tenant privacy
New York’s entry rule is: No statewide statute, reasonable notice customary; NYC leases and local rules add specifics. Entry is generally limited to legitimate purposes such as repairs, inspections, and showings, and emergencies allow immediate entry everywhere. Where the statute is silent or vague, courts fall back on the tenant’s right to quiet enjoyment, so landlords should give written notice and enter at reasonable hours regardless of the statutory minimum.
Rent increases and rent control
Rent control status in New York: Rent stabilization and rent control in NYC and opt-in localities under the ETPA/HSTPA. Even without rent control, a landlord cannot raise rent mid-lease unless the lease allows it, and periodic tenancies require proper advance notice of an increase — commonly the same notice period used to terminate (30 days (60-90 days for tenancies over 1 and 2 years respectively) in New York). Retaliatory increases after a tenant exercises a legal right are prohibited in most states.
Eviction process overview
For unpaid rent, New York requires: 14-day notice to pay or quit. If the tenant does not pay or leave, the landlord files an eviction case (the name varies: unlawful detainer, summary process, forcible entry and detainer), serves the tenant, and attends a hearing. Only a court judgment followed by a sheriff or constable can remove a tenant — lockouts and utility shutoffs are illegal in every state. Timelines vary from a few weeks to several months depending on court backlog and whether the tenant contests the case.
Late fees
New York’s late fee rule: Capped at $50 or 5% of monthly rent, whichever is less, after a 5-day grace period. Even where no statutory cap exists, courts can strike down fees that operate as penalties rather than reasonable estimates of the landlord’s actual cost, and the fee must appear in the written lease to be enforceable.
Ending a lease or month-to-month tenancy
To end a month-to-month tenancy in New York, the required notice is: 30 days (60-90 days for tenancies over 1 and 2 years respectively). Fixed-term leases end on their own schedule unless renewed, though some states and cities require just cause or additional notice even at lease end. Notice should always be written, dated, and delivered by a method the statute recognizes.
Is New York landlord-friendly or tenant-friendly?
New York is generally considered tenant-friendly. The 2019 HSTPA capped deposits at one month, extended nonpayment notices to 14 days, capped late fees, and strengthened rent stabilization covering roughly a million NYC apartments.
Official source
The governing law is the New York Real Property Law Art. 7 and Housing Stability and Tenant Protection Act of 2019. Read the current text at the state’s official legislative site: https://www.nysenate.gov/legislation/laws/RPP.
New York landlord-tenant law FAQs
- How much can a landlord charge for a security deposit in New York?
- Security deposits in New York are governed by the New York Real Property Law Art. 7 and Housing Stability and Tenant Protection Act of 2019. The deposit rule is: 1 month's rent (HSTPA, 2019). After the tenancy ends, the landlord must return the deposit (minus properly documented deductions) within 14 days. Landlords who miss the deadline or take undocumented deductions can owe the tenant damages, so both sides should document the unit's condition at move-in and move-out and keep an itemized statement of any charges. Deposit rules are amended fairly often, so verify the current statute before relying on a specific number.
- How much notice does a landlord have to give before evicting for unpaid rent in New York?
- For nonpayment of rent, New York requires: 14-day notice to pay or quit. That notice is only the first step, a landlord cannot legally remove a tenant without then filing an eviction case and winning a court judgment, and self-help evictions (changing locks, shutting off utilities) are prohibited. Local courts and city ordinances can add procedural steps, so check the New York Real Property Law Art. 7 and Housing Stability and Tenant Protection Act of 2019 and local rules before starting an eviction.
- Can a landlord enter a rental property without permission in New York?
- New York's entry rule is: No statewide statute, reasonable notice customary; NYC leases and local rules add specifics. Genuine emergencies (fire, flooding, gas leaks) are a standard exception in every state, and lease clauses can add detail but generally cannot strip a tenant's right to quiet enjoyment. For ending a month-to-month tenancy, New York requires 30 days (60-90 days for tenancies over 1 and 2 years respectively) of notice. When in doubt, put entry requests and termination notices in writing and confirm the current rule in the New York Real Property Law Art. 7 and Housing Stability and Tenant Protection Act of 2019.
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This page is general information, not legal advice. Laws change — verify with the current statute or a local attorney before acting. Rules reflect widely documented statutes as of July 2026; cities and counties in New York may add their own requirements.