Renting in New York
Your rights as a tenant in New York
In New York, the security deposit can be up to 1 month of rent. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in New York
- Maximum deposit
- Up to 1 month of rent
- N.Y. Gen. Oblig. Law §7-108(1-a)(a)
- To return your deposit
- 14 days
- N.Y. Gen. Oblig. Law §7-108(1-a)(e)
- Notice for late rent
- 14 days
- N.Y. Real Prop. Acts. Law §711(2)
What the law says
The rules, one by one
The basic rules for renting in New York, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
Up to 1 month of rent
In New York, a landlord cannot require a security deposit of more than one month's rent. The law has exceptions, such as seasonal rentals and owner-occupied co-op apartments.
What the law says · N.Y. Gen. Oblig. Law §7-108(1-a)(a)
“(a) No deposit or advance shall exceed the amount of one month's rent, unless the deposit or advance is for a seasonal use dwelling unit as provided for in subdivisions four and five of this section, or unless the deposit or advance is for an owner-occupied cooperative apartment”
Source: New York State Senate · Verified on October 16, 2026
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When must they return my deposit?
14 days
After you move out, the landlord has 14 days to return your deposit. If they keep any part of it, they must give you a written, itemized statement explaining why.
What the law says · N.Y. Gen. Oblig. Law §7-108(1-a)(e)
“(e) Within fourteen days after the tenant has vacated the premises, the landlord shall provide the tenant with an itemized statement indicating the basis for the amount of the deposit retained, if any, and shall return any remaining portion of the deposit to the tenant.”
Source: New York State Senate · Verified on October 16, 2026
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If I fall behind on rent, what notice must I get?
14 days
If you owe rent, the landlord must first serve a written rent demand giving at least 14 days' notice to pay or give up possession. Only then can a nonpayment case go forward.
What the law says · N.Y. Real Prop. Acts. Law §711(2)
“The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises,”
Source: New York State Senate · Verified on October 16, 2026
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How much notice ends a month-to-month rental?
If the landlord will not renew your tenancy (or will raise the rent 5% or more), they must tell you in writing. Under 1 year: at least 30 days. 1 to 2 years: at least 60 days. 2 years or more: at least 90 days.
What the law says · N.Y. Real Prop. Law §226-c(2)
“(b) If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days' notice.”
Source: New York State Senate · Verified on October 16, 2026
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Are there limits on late fees?
A landlord can charge a late fee only if rent was not paid within 5 days of the due date. The fee cannot be more than $50 or 5% of the monthly rent, whichever is less.
What the law says · N.Y. Real Prop. Law §238-a(2)
“No landlord, lessor, sub-lessor or grantor may demand any payment, fee, or charge for the late payment of rent unless the payment of rent has not been made within five days of the date it was due, and such payment, fee, or charge shall not exceed fifty dollars or five percent of the monthly rent, whichever is less;”
Source: New York State Senate · Verified on October 16, 2026
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How much notice before a rent increase?
30, 60, or 90 days, depending on the case
If the landlord wants to renew your tenancy with a rent increase of 5% or more, they must tell you in writing. Under 1 year (and a lease of under 1 year): at least 30 days. 1 to 2 years: at least 60 days. 2 years or more: at least 90 days.
What the law says · N.Y. Real Prop. Law §226-c(1)(a), (2)
“(a) Whenever a landlord intends to offer to renew the tenancy of an occupant in a residential dwelling unit with a rent increase equal to or greater than five percent above the current rent, or the landlord does not intend to renew the tenancy, the landlord shall provide written notice as required in subdivision two of this section. … (b) If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days' notice. (c) If the tenant has occupied the unit for more than one year but less than two years, or has a lease term of at least one year but less than two years, the landlord shall provide at least sixty days' notice. (d) If the tenant has occupied the unit for more than two years or has a lease term of at least two years, the landlord shall provide at least ninety days' notice.”
Source: New York State Senate · Verified on October 31, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
It is illegal to evict you, or try to, without a court's warrant of eviction or another lawful order, if you have lawfully lived there 30 days in a row or more, or have a lease.
What the law says · N.Y. Real Prop. Acts. Law §768(1)(a)
“It shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling except to the extent permitted by law pursuant to a warrant of eviction”
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Protection from retaliation
Yes: state law says so
A landlord cannot serve a notice to quit or take you to court in retaliation for a good-faith complaint about health or safety violations, for acting to enforce your tenant rights, or for taking part in a tenants' organization.
What the law says · N.Y. Real Prop. Law §223-b(1)
“No landlord of premises or units to which this section is applicable shall serve a notice to quit upon any tenant or commence any action to recover real property or summary proceeding to recover possession of real property in retaliation for:”
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Protection related to immigration status
Yes: state law says so
In New York, a landlord may not make inquiries or use rental application forms that express, directly or indirectly, any limitation or discrimination based on your citizenship or immigration status.
What the law says · N.Y. Exec. Law §296(5)(a)(3)
“or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, citizenship or immigration status,”
Eviction
How an eviction works in New York
Step by step, with the time periods the law sets. No landlord can skip the court.
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Written rent demand: at least 14 days to pay or leave
at least 14 days
What the law says · N.Y. Real Prop. Acts. Law §711(2)
“a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises,”
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Landlord starts the court case with a petition and notice of petition
What the law says · N.Y. Real Prop. Acts. Law §731(1)
“The special proceeding prescribed by this article shall be commenced by petition and a notice of petition.”
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Papers are served 10 to 17 days before the hearing
10 to 17 days
What the law says · N.Y. Real Prop. Acts. Law §733(1)
“the notice of petition and petition shall be served at least ten and not more than seventeen days before the time at which the petition is noticed to be heard.”
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You answer (orally or in writing) when the petition is heard
What the law says · N.Y. Real Prop. Acts. Law §743
“at the time when the petition is to be heard the respondent, or any person in possession or claiming possession of the premises, may answer, orally or in writing.”
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Hearing or trial; either side can ask to adjourn it at least 14 days
What the law says · N.Y. Real Prop. Acts. Law §745(1)
“At the time when issue is joined the court, at the request of either party shall adjourn the trial of the issue, not less than fourteen days, except by consent of all parties.”
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If the court rules for the landlord, it issues a warrant of eviction
What the law says · N.Y. Real Prop. Acts. Law §749(1)
“Upon rendering a final judgment for petitioner, the court shall issue a warrant directed to the sheriff of the county or to any constable or marshal of the city in which the property, or a portion thereof, is situated,”
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The sheriff or marshal gives at least 14 days' written notice before the eviction
at least 14 days
What the law says · N.Y. Real Prop. Acts. Law §749(2)(a)
“The officer to whom the warrant is directed and delivered shall give at least fourteen days' notice, in writing and in the manner prescribed in this article for the service of a notice of petition, to the person or persons to be evicted or dispossessed and shall execute the warrant on a business day between the hours of sunrise and sunset.”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
If you believe you were discriminated against in New York State, you can report it to the Division of Human Rights. For acts on or after February 15, 2024, the report must be filed within three years of the most recent incident.
New York State Division of Human Rights- New York State Bar Association Lawyer Referral Servicenysba.org
- LawHelpNY (free legal help directory)lawhelpny.org
- NY Attorney General: Find Legal Servicesag.ny.gov
- NYC Right to Counsel (HRA): Legal Services for Tenantsnyc.gov
- DOJ EOIR Recognized Organizations and Accredited Representatives Roster by State and Cityjustice.gov
Frequently asked questions
How much can a landlord charge for a deposit in New York?
In New York, a landlord cannot require a security deposit of more than one month's rent. The law has exceptions, such as seasonal rentals and owner-occupied co-op apartments. (N.Y. Gen. Oblig. Law §7-108(1-a)(a))
When must a deposit be returned in New York?
After you move out, the landlord has 14 days to return your deposit. If they keep any part of it, they must give you a written, itemized statement explaining why. (N.Y. Gen. Oblig. Law §7-108(1-a)(e))
What notice is required for late rent in New York?
If you owe rent, the landlord must first serve a written rent demand giving at least 14 days' notice to pay or give up possession. Only then can a nonpayment case go forward. (N.Y. Real Prop. Acts. Law §711(2))
How much notice ends a month-to-month rental in New York?
If the landlord will not renew your tenancy (or will raise the rent 5% or more), they must tell you in writing. Under 1 year: at least 30 days. 1 to 2 years: at least 60 days. 2 years or more: at least 90 days. (N.Y. Real Prop. Law §226-c(2))
Are there limits on late fees in New York?
A landlord can charge a late fee only if rent was not paid within 5 days of the due date. The fee cannot be more than $50 or 5% of the monthly rent, whichever is less. (N.Y. Real Prop. Law §238-a(2))
How much notice before a rent increase in New York?
If the landlord wants to renew your tenancy with a rent increase of 5% or more, they must tell you in writing. Under 1 year (and a lease of under 1 year): at least 30 days. 1 to 2 years: at least 60 days. 2 years or more: at least 90 days. (N.Y. Real Prop. Law §226-c(1)(a), (2))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these New York rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- Repair and deduct from the rent Not verified yet