New York Residential Lease Agreement
Create a professional, New York-compliant residential lease agreement with our free template. Includes all required New York disclosures and adheres to state and NYC landlord-tenant laws.
A New York residential lease agreement is a legally binding contract between a landlord and tenant that must comply with New York State and local laws, including strict security deposit regulations, rent stabilization rules in NYC, and specific disclosure requirements for residential property rentals.
New York has some of the most comprehensive tenant protection laws in the United States, particularly in New York City with its rent stabilization and rent control regulations. Our New York-specific lease agreement template ensures your rental contract complies with all state regulations, including security deposit limitations, required disclosures about lead paint and bed bugs, and specific requirements for lease termination and rent increases. Whether you're renting out an apartment in Manhattan, a home in Buffalo, or a condo in Brooklyn, our customizable template helps you create a legally sound lease agreement that protects both landlord and tenant rights under New York law.
New York Landlord-Tenant Law Highlights
| Provision | New York Law Requirement |
|---|---|
| Security Deposit Limits | Limited to one month's rent for all residential leases |
| Security Deposit Return | Must be returned within 14 days after tenant moves out with itemized statement of deductions |
| Notice for Landlord Entry | "Reasonable notice" required (typically 24 hours is considered reasonable) |
| Late Fees | Cannot be charged until rent is 5 days late; capped at $50 or 5% of monthly rent, whichever is less |
| Rent Control/Stabilization | NYC and some other municipalities have rent stabilization for qualifying buildings |
| Required Disclosures | Lead-based paint, bed bugs history, sprinkler system status, prior flooding, and more |
| Notice to Terminate (Month-to-Month) | 30 days' notice if less than 1 year tenancy 60 days' notice if 1-2 year tenancy 90 days' notice if more than 2 years tenancy |
| Eviction Notice | 14-day written notice required before filing eviction for non-payment |
| Warranty of Habitability | Strong protections requiring landlords to maintain premises in habitable condition |
| Retaliation Protection | Landlords prohibited from retaliating against tenants who exercise legal rights |
Required New York Lease Disclosures
New York law requires several specific disclosures to be included in or attached to residential lease agreements:
Lead-Based Paint Disclosure
Required for all housing built before 1978. Landlords must disclose known lead-based paint hazards and provide tenants with an EPA-approved pamphlet about lead poisoning prevention.
Bed Bug Infestation History
Landlords must provide a one-year bed bug infestation history before a tenant signs a lease, including both the rental unit and the building.
Sprinkler System Disclosure
Landlords must disclose whether the leased premises has a maintained and operational sprinkler system, and if so, the maintenance history.
Smoking Policy
Landlords must disclose the building's smoking policy in the lease or as a lease addendum, specifying where smoking is allowed or prohibited on the premises.
Flood History Disclosure
Landlords must disclose if the property has experienced flooding or is in a flood-prone area before a tenant signs a lease.
Rent Stabilization Notice
For rent-stabilized apartments, landlords must attach a Rent Stabilization Rider that discloses the previous legal rent and explains how the current rent was calculated.
Security Deposit Rules in New York
New York's Housing Stability and Tenant Protection Act of 2019 enacted significant changes to security deposit rules:
Security Deposit Limits
- One month's rent maximum: For all residential leases
- No additional security: Cannot require last month's rent in addition to security deposit
- No application fees: Limited to $20 or actual cost of background/credit checks
- No pet deposits: Not allowed beyond the one month's rent security deposit
- Bank account required: Must hold deposits in NY bank account
- Interest required: Must be placed in interest-bearing account
Security Deposit Return Rules
- 14-day return deadline: Must return deposit within 14 days of move-out
- Itemized statement: Must provide detailed list of any deductions
- Inspection rights: Tenants have the right to request move-in and move-out inspections
- Normal wear and tear: Cannot deduct for ordinary wear and tear
- Damages for non-compliance: Failure to return deposit within 14 days forfeits right to keep any portion
- Triple damages: Courts can award up to triple damages for willful violations
Important: New York law specifies that a landlord who fails to return the security deposit within 14 days forfeits their right to keep any portion of it, regardless of actual damages to the rental unit. Tenants can sue for the entire deposit amount plus attorney's fees.
New York Rent Control and Tenant Protections
New York has some of the most extensive rent regulation systems in the country:
Rent Stabilization
- NYC coverage: Applies to buildings with 6+ units built before 1974
- Annual increases: Limited by NYC Rent Guidelines Board
- Lease renewal right: Tenants have a right to renew lease
- Regulated services: Landlords must maintain all services
- Succession rights: Family members may have right to succeed tenant
- Other areas: Nassau, Westchester, Rockland counties may have rent stabilization
Tenant Protections
- Just cause eviction: Required for most rental properties
- Notice periods: Extended notice periods for lease termination
- Late fee limitations: Cannot charge until 5 days late, capped at $50 or 5%
- Application fee cap: Limited to $20 or actual background check cost
- Tenant's right to repair: Can withhold rent for serious habitability issues
- Retaliation protections: 1-year presumption of retaliation
Note: NYC has specific additional protections beyond state law. The Housing Stability and Tenant Protection Act of 2019 significantly expanded tenant protections throughout New York State. Landlords should check with local housing authorities for specific municipal regulations.
Additional New York-Specific Lease Provisions
Warranty of Habitability
New York's warranty of habitability is particularly strong and provides that:
- All residential leases include an implied warranty of habitability
- Premises must be fit for human habitation and free from conditions dangerous to life, health, or safety
- Tenants may withhold rent for serious violations
- Courts may reduce rent for the period of violation
- This warranty cannot be waived by any written lease provision
Subleasing Rights
New York has unique sublease rights for tenants:
- In buildings with 4+ units, tenants have a right to sublet with landlord approval
- Landlord cannot unreasonably withhold consent to sublet
- Specific procedure must be followed for sublease requests
- Landlords have 30 days to respond to written request
- If landlord fails to respond, it's considered consent
- Lease provision prohibiting subletting is unenforceable in qualifying buildings
Attorney's Fees
New York has reciprocal attorney fee provisions:
- If lease allows landlord to recover attorney's fees in a legal action, tenant automatically has reciprocal right
- Courts can award reasonable attorney's fees to prevailing tenant
- These provisions apply even if not explicitly stated in lease
- Tenant can recover fees regardless of language limiting this right
Window Guards Requirement
In New York City, window guard requirements are strictly enforced:
- Required in apartments where children under 10 reside
- Landlords must provide annual notices about window guard rights
- Tenants must notify landlord if a child under 10 moves in
- Landlords must install window guards upon request, even without children
- Installation and maintenance are at landlord's expense
Need a New York-Compliant Lease?
Our New York Residential Lease Agreement template includes all state-required disclosures and provisions, customizable for your specific property details. We also offer specialized templates for Rent Stabilized Apartments and Room Rental Agreements.
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