New York Landlord-Tenant Laws

Security deposit

Maximum deposit

1 month's rent

Return deadline

14 days

Interest required

See details

The rule: 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).

Landlords should provide an itemized deduction list when withholding any portion of the deposit.

Eviction notice

Nonpayment of rent

14 days notice

Lease violation

10 days notice

Where the Good Cause Eviction Law applies (New York City and localities that have adopted it), a landlord relying on a lease violation must first give written notice that the violation cease within 10 days (N.Y. Real Prop. Law § 216(1)(b)). For an unregulated tenancy that law does not cover, no statewide statute sets a cure period and the lease controls.

Court filing and service rules vary by county. Use our eviction timeline calculator for planning.

Notice to vacate

Month-to-month lease

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

Fixed-term lease

A landlord who will not renew, or will raise the rent by 5% or more, must give at least 30, 60 or 90 days of written notice, by length of occupancy or lease term (RPL § 226-c). 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

Late rent fees

Grace period

5 days

Maximum late fee

The lesser of $50 or 5% of the monthly rent

Additional regulations

Rent control

NYC and some suburbs (rent stabilization)

Landlord entry notice

Reasonable notice