New York Lease Agreement
Create a New York lease that states the deposit limit and return deadline when you take a deposit, with the Good Cause Eviction Law notice form to complete.
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New York security deposit rules
- Security deposit limit
- 1 month's rent
- Deposit return deadline
- 14 days
General-purpose template. Built for New York from our state data, with New York clauses; they have not yet been reviewed by us.
Month-to-month notice: at least 30, 60 or 90 days from a landlord, by length of occupancy (RPL §§ 226-c, 232-a, 232-b); at least one month from a tenant outside New York City (RPL § 232-b). New York City tenant notice: confirm with a New York attorney. A notice from a landlord must include the Good Cause Eviction notice required by RPL § 231-c; in New York City and in localities that have adopted the Good Cause Eviction Law (RPL Art. 6-A), a covered landlord may not end a tenancy or refuse to renew it without a good-cause ground under RPL § 216. Source: N.Y. Real Prop. Law §§ 226-c, 232-a, 232-b; N.Y. Gen. Oblig. Law §§ 7-103, 7-108.
New York landlord-tenant rules, with sources
Each rule comes from a record LeaseCraft read at the official source and is followed by its citation; it is general information, not legal advice.
Security deposits in New York
Deposit limit, return and deductions
- Max 1 month's rent as a deposit or advance (units under the rent control laws are outside this rule). Within 14 days after the tenant moves out the landlord must return the deposit with an itemized statement of anything kept, or lose the right to keep any of it. Interest is owed only where the property has six or more family dwelling units: the deposit goes in an interest-bearing account and the tenant receives the interest, less 1% a year the landlord may keep (N.Y. Gen. Oblig. Law §§ 7-103, 7-108).
Source read · N.Y. Gen. Oblig. Law §§ 7-103, 7-108
Interest on the deposit
- The reviewed rule gives no simple yes or no for New York.
Source read · N.Y. Gen. Oblig. Law §§ 7-103, 7-108
Ending a tenancy in New York
Notice to end a month-to-month tenancy
- Where New York's just-cause rule covers the tenancy, a landlord's notice alone does not end it; the landlord also needs one of the causes that rule lists (see below).
- New York City: RPL § 232-a — written notice served like a notice of petition 'at least thirty days before the expiration of the term', or the longer period required by RPL § 226-c(2) (30/60/90 days by occupancy).
- Outside NYC: RPL § 232-b — either party terminates by notifying the other 'at least one month before the expiration of the term'; § 226-c(2) 30/60/90-day notice also applies to any landlord non-renewal statewide.
- Where the Good Cause Eviction Law applies (NYC and opt-in localities), a landlord may not end the tenancy or refuse renewal without a § 216 good-cause ground.
Quoted from the source:
“at least thirty days before the expiration of the term”
Source read · RPL § 232-a; RPL § 232-b; RPL § 226-c(2); RPL Art. 6-A §§ 212-216
Notice that depends on how long the tenancy has run
- Applies when a landlord intends not to renew or to raise rent by five percent or more (RPL § 226-c(1)(a)); 30 days if the tenant has occupied less than one year and has no lease term of at least one year; 60 days if occupied more than one year but less than two years (or a lease term of at least one but less than two years); 90 days if occupied more than two years or a lease term of at least two years.
- If the landlord fails to give timely notice, the tenancy continues on the existing terms from the date actual written notice is given until the notice period expires (§ 226-c(1)(b)).
- The notice must append the RPL § 231-c Good Cause notice.
Quoted from the source:
“Landlord shall provide at least thirty days' notice”
Source read · RPL § 226-c(1)-(2); RPL § 231-c
A tenant who stays after the tenancy ends
- A holdover proceeding lies when the tenant 'continues in possession of any portion of the premises after the expiration of his term, without the permission of the landlord' (RPAPL § 711(1)); no separate holdover notice period, but the landlord's intent not to renew must have been given under RPL § 226-c (30/60/90 days) or the tenancy continues.
Quoted from the source:
“the tenant continues in possession of any portion of the premises after the expiration of his term, without the permission of the landlord”
Source read · RPAPL § 711(1); RPL § 226-c(1)(b)
Just-cause requirement:Required for covered tenancies
- Covered housing: RPL Article 6-A (Good Cause Eviction Law, enacted April 20, 2024, repealed June 15, 2034) applies to the City of New York (§ 212) and to any village, town or city that adopts it by local law (§ 213); a landlord may remove a tenant or refuse renewal only on a § 216 ground (nonpayment not caused by an unreasonable rent increase, substantial lease violation after 10-day notice to cure, nuisance/damage, illegal occupancy or use, owner's personal use as principal residence, demolition, withdrawal from market, refusal of reasonable lease changes, refusal of access).
- Exemptions (§ 214): small landlords (no more than ten units statewide, or a lower number set by local law), owner-occupied buildings of no more than ten units, rent-regulated or income-restricted units, condos/co-ops, buildings with a certificate of occupancy on or after Jan 1, 2009 for 30 years, seasonal units, institutional/care housing, manufactured-home parks, hotels/transient, dormitories, sublets, employment housing, and units renting above 245% of fair market rent.
- Statewide: RPL § 231-c requires every landlord (as defined in § 211) to append a Good Cause notice stating coverage or exemption to leases, renewals, § 226-c notices, 14-day rent demands and petitions.
Quoted from the source:
“No landlord shall remove a tenant from any housing accommodation...except upon order of a court of competent jurisdiction...one of the following grounds as good cause”
Source read · RPL §§ 211, 212, 213, 214, 216, 231-c (L.2024 c.56 Part HH)
Rent, late fees and unpaid rent in New York
Notice before filing for unpaid rent:14 calendar days
- Written demand of the rent with at least fourteen days' notice requiring, in the alternative, payment of the rent or possession of the premises, served as prescribed in RPAPL § 735 (RPAPL § 711(2)).
- The fourteen-day notice must append or contain the Good Cause Eviction notice required by RPL § 231-c stating whether the premises are subject to or exempt from RPL Article 6-A (and why), the lawful basis for any non-renewal, and the justification for any rent increase above the local rent standard (RPAPL § 711(2), version effective until June 15, 2034).
- Separate precondition: if rent is not received within five days of the lease due date, the landlord must send a written notice of non-payment by certified mail; failure is an affirmative defense to the non-payment proceeding (RPL § 235-e(d)).
Quoted from the source:
“a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent”
Source read · RPAPL § 711(2); RPAPL § 735; RPL § 235-e(d); RPL § 231-c
Late fees
- The lesser of $50 or 5% of the monthly rent, only once rent is more than 5 days late (N.Y. Real Prop. Law § 238-a(2))
Source: N.Y. Real Prop. Law § 238-a(2)
Rent increases
- Strong NYC rent stabilization. An increase of 5% or more needs at least 30 days of written notice if the tenant has lived there under a year, 60 days for one to two years and 90 days for two years or more; a lease term of that length counts the same (RPL § 226-c). A notice from a landlord must include the Good Cause Eviction notice required by RPL § 231-c.
Source: N.Y. Real Prop. Law § 226-c
Lease violations in New York
Notice to fix a lease violation:10 calendar days
- No general statewide pre-suit notice-to-cure statute for unregulated tenancies; the cure notice is governed by the lease. Where the Good Cause Eviction Law (RPL Art. 6-A) applies, the landlord must show the tenant 'has failed to cure such violation after written notice' to cease within ten days (RPL § 216(b)).
- Post-judgment: in a holdover based on breach of lease, the court shall grant a thirty-day stay of the warrant during which the tenant may correct the breach (RPAPL § 753(4), as amended by HSTPA 2019).
Quoted from the source:
“Tenant is violating a substantial obligation of their tenancy...has failed to cure such violation after written notice...cease within ten days”
Source read · RPL § 216(b) (Good Cause Eviction Law); RPAPL § 753(4)
Notice that gives no chance to fix
- Illegal use (RPAPL § 711(5): premises used for prostitution or 'any illegal trade or manufacture, or other illegal business') and nuisance/malicious damage under Good Cause (RPL § 216(c)) support a holdover without a cure opportunity, but no statutory pre-suit notice period is fixed; termination notice terms come from the lease/regulations and general holdover rules.
Quoted from the source:
“or for any illegal trade or manufacture, or other illegal business”
Source read · RPAPL § 711(5); RPL § 216(c), (e)
Serving a notice in New York
How a notice may be delivered
- The 14-day rent demand (and NYC month-to-month termination notice under RPL § 232-a) is served as a notice of petition under RPAPL § 735: personal delivery; or delivery to a person of suitable age and discretion residing or employed at the premises plus mailing by registered/certified and first-class mail within one day; or, after reasonable application, affixing to a conspicuous part of the property or placing under the entrance door plus the same mailings.
- Proof of service is filed within three days; service by substituted or conspicuous-place delivery is complete upon filing proof (RPAPL § 735(2)).
Quoted from the source:
“affixing a copy...upon a conspicuous part of the property”
Source read · RPAPL § 735; RPAPL § 711(2); RPL § 232-a
Required form or wording
- Mandatory statutory notice: RPL § 231-c prescribes a Good Cause Eviction notice form (with exemption checkboxes A-N) that must be appended to or incorporated in initial and renewal leases, § 226-c non-renewal/rent-increase notices, RPAPL § 711(2) 14-day rent demands, and RPAPL § 741 petitions.
- Applies statewide to landlords as defined in RPL § 211(2); where the locality has not adopted good cause, the landlord checks exemption 'A. Village/Town/City outside of New York City has not adopted good cause eviction under section 213'.
- RPL § 235-e(d) five-day certified-mail late-rent notice must also precede a non-payment case.
Quoted from the source:
“A landlord as defined in subdivision two of section two hundred eleven of this chapter shall append to or incorporate into”
Source read · RPL § 231-c; RPAPL § 711(2); RPL § 226-c(1)
City and county rules in New York
Local ordinances
- New York City is automatically covered by the Good Cause Eviction Law (RPL § 212) and has rent stabilization; other villages, towns and cities may opt in under RPL § 213 and may lower the small-landlord threshold by local law (§ 211).
Quoted from the source:
“Upon the effective date of this section, this article shall apply to the city of New York.”
Source read · RPL §§ 211, 212, 213
Lease wording New York statutes call for
- Flood disclosure
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Source read · New York Real Property Law Section 231-b
- Sprinkler system notice
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Source read · New York Real Property Law Section 231-a
- Where the security deposit is held
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Source read · New York General Obligations Law Section 7-103
What's included
- Property, rent, and term details
- Maintenance and utility responsibilities
- Signature blocks for all parties
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Frequently asked questions
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In New York the security deposit limit is 1 month's rent. The return deadline is 14 days. Max 1 month's rent as a deposit or advance (units under the rent control laws are outside this rule). Within 14 days after the tenant moves out the landlord must return the deposit with an itemized statement of anything kept, or lose the right to keep any of it. Interest is owed only where the property has six or more family dwelling units: the deposit goes in an interest-bearing account and the tenant receives the interest, less 1% a year the landlord may keep (N.Y. Gen. Oblig. Law §§ 7-103, 7-108).
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Where New York's just-cause rule covers the tenancy, a landlord's notice alone does not end it; the landlord also needs one of the causes that rule lists (see below). New York City: RPL § 232-a — written notice served like a notice of petition 'at least thirty days before the expiration of the term', or the longer period required by RPL § 226-c(2) (30/60/90 days by occupancy). Source: RPL § 232-a; RPL § 232-b; RPL § 226-c(2); RPL Art. 6-A §§ 212-216.
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14 calendar days. Written demand of the rent with at least fourteen days' notice requiring, in the alternative, payment of the rent or possession of the premises, served as prescribed in RPAPL § 735 (RPAPL § 711(2)). The fourteen-day notice must append or contain the Good Cause Eviction notice required by RPL § 231-c stating whether the premises are subject to or exempt from RPL Article 6-A (and why), the lawful basis for any non-renewal, and the justification for any rent increase above the local rent standard (RPAPL § 711(2), version effective until June 15, 2034). Source: RPAPL § 711(2); RPAPL § 735; RPL § 235-e(d); RPL § 231-c.
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The lesser of $50 or 5% of the monthly rent, only once rent is more than 5 days late (N.Y. Real Prop. Law § 238-a(2))
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Required for covered tenancies. Covered housing: RPL Article 6-A (Good Cause Eviction Law, enacted April 20, 2024, repealed June 15, 2034) applies to the City of New York (§ 212) and to any village, town or city that adopts it by local law (§ 213); a landlord may remove a tenant or refuse renewal only on a § 216 ground (nonpayment not caused by an unreasonable rent increase, substantial lease violation after 10-day notice to cure, nuisance/damage, illegal occupancy or use, owner's personal use as principal residence, demolition, withdrawal from market, refusal of reasonable lease changes, refusal of access). Exemptions (§ 214): small landlords (no more than ten units statewide, or a lower number set by local law), owner-occupied buildings of no more than ten units, rent-regulated or income-restricted units, condos/co-ops, buildings with a certificate of occupancy on or after Jan 1, 2009 for 30 years, seasonal units, institutional/care housing, manufactured-home parks, hotels/transient, dormitories, sublets, employment housing, and units renting above 245% of fair market rent. Source: RPL §§ 211, 212, 213, 214, 216, 231-c (L.2024 c.56 Part HH).
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10 calendar days. No general statewide pre-suit notice-to-cure statute for unregulated tenancies; the cure notice is governed by the lease. Where the Good Cause Eviction Law (RPL Art. 6-A) applies, the landlord must show the tenant 'has failed to cure such violation after written notice' to cease within ten days (RPL § 216(b)). Post-judgment: in a holdover based on breach of lease, the court shall grant a thirty-day stay of the warrant during which the tenant may correct the breach (RPAPL § 753(4), as amended by HSTPA 2019). Source: RPL § 216(b) (Good Cause Eviction Law); RPAPL § 753(4).
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The 14-day rent demand (and NYC month-to-month termination notice under RPL § 232-a) is served as a notice of petition under RPAPL § 735: personal delivery; or delivery to a person of suitable age and discretion residing or employed at the premises plus mailing by registered/certified and first-class mail within one day; or, after reasonable application, affixing to a conspicuous part of the property or placing under the entrance door plus the same mailings. Proof of service is filed within three days; service by substituted or conspicuous-place delivery is complete upon filing proof (RPAPL § 735(2)). Source: RPAPL § 735; RPAPL § 711(2); RPL § 232-a.
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