New York · Renters' rights · Updated Oct 2026
New York tenant rights
Security deposits, repairs, landlord entry, notices and evictions in New York, in plain English from official sources, with free tools to get your deposit back and ask for repairs.
Guides for New York renters
Security deposit
Limit, deadline, deductions, penalty and the calculator.
Repairs
The landlord's duty, repair and deduct, withholding rent and a repair letter.
Eviction
Notice periods, court deadlines, illegal lockouts and a timeline tool.
Security deposit in New York
- Limit
- One month's rent. Exceptions: registered seasonal rentals and owner-occupied co-op apartments.
- Deadline to return it
- Within 14 days after you move out, the landlord must return your deposit or give you an itemized statement of what is kept and return the rest. If the landlord misses the 14 days, the landlord loses the right to keep any part of it. Give the landlord your new address in writing.
- Itemized list
- Yes, within 14 days after you move out. Deductions must be reasonable and itemized. In a court case, the landlord must prove the amount kept was reasonable. You also have a right to a pre-move-out inspection (see move-in checklist).
- What may be deducted
- Only reasonable, itemized costs for unpaid rent, damage you caused beyond normal wear and tear, unpaid utility charges payable to the landlord under the lease, and moving and storing your belongings. Never for ordinary wear and tear or damage by a prior tenant.
- Interest
- Buildings with 6 or more apartments: the deposit must be in an interest-bearing New York bank account. You get the interest, minus a 1% per year administrative fee the landlord may keep; you can choose to have it paid yearly, applied to rent, or paid at the end. Smaller buildings: only if the landlord chooses an interest-bearing account.
- Separate account
- Yes. The deposit is held in trust and may not be mixed with the landlord's own money. If it is put in a bank, the landlord must tell you in writing the bank's name and address and the amount. GOL 7-103.
- Move-in checklist
- Yes. Before you move in, the landlord must offer you an inspection; if you ask, you both sign a written list of existing damage, and the landlord can't charge you for anything on it. When either side gives notice to end the tenancy, the landlord must tell you in writing that you can ask for an inspection 1 to 2 weeks before move-out (with 48 hours' notice) and then get a list of proposed deductions you can fix before you leave.
- If the landlord keeps it wrongly
- Actual damages. If the landlord willfully broke the deposit law, a court can add punitive damages of up to twice the deposit. Missing the 14-day deadline means the landlord forfeits the whole deposit.
How to get your deposit back
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- Give your landlord your new address in writing. In New York: Give the landlord your new address in writing.
- Wait for the deadline: Within 14 days after you move out, the landlord must return your deposit or give you an itemized statement of what is kept and return the rest.
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: $10,000 in New York City; $5,000 in City Courts outside NYC and District Courts in Nassau and western Suffolk; $3,000 in Town and Village Courts. Small claims court in New York on Small Claims Map
Repairs in New York
- The landlord's duty
- Every lease includes a warranty of habitability: your home and common areas must be fit to live in and free of conditions dangerous to life, health or safety (unless you caused them). You cannot waive this right. RPL 235-b. Multiple dwellings also have repair duties under the Multiple Dwelling Law.
- How to ask for repairs
- Tell the landlord in writing and keep a copy. No statute sets a number of days for ordinary repairs. Call your local code enforcement office (in NYC, 311/HPD) for an inspection.
- Repair and deduct
- No statute. The Attorney General says that in extenuating circumstances (for example, a broken door lock the landlord willfully ignores) you may make necessary repairs and deduct reasonable costs from rent. Keep receipts and copies of all communications.
- Withholding rent
- Possible but risky. You may withhold rent for a breach of the warranty of habitability, but the landlord can sue you for nonpayment and you then raise the warranty as a defense or counterclaim; the court can reduce the rent. You can also sue for a rent reduction. Rent-regulated tenants can file a rent reduction complaint with DHCR 10 to 60 days after giving written notice to the landlord.
- Law
- RPL 235-b; NY Attorney General Residential Tenants' Rights Guide
Landlord entry in New York
No statute sets a number of hours. The Attorney General says the landlord may enter with reasonable prior notice, at a reasonable time, and with your consent, to make repairs or services or as your lease allows. In an emergency (fire, water leak) no notice or consent is needed. If you unreasonably refuse, the landlord can ask a court for access.
Eviction in New York
- Notice for unpaid rent
- 14-day written rent demand to pay or leave, served as the law requires. It must include the Good Cause Eviction notice (whether your unit is covered, and if not, why). Paying the full rent before the hearing ends the case. You can't be evicted in a nonpayment case for late fees, legal fees or other added fees.
- Notice for a lease violation
- No general statewide cure period in Article 7; it depends on your lease. For units covered by Good Cause Eviction, the landlord must give written notice and 10 days to cure a lease violation before eviction. Rent-regulated units have their own rules.
- Ending a month-to-month tenancy
- Landlord, based on how long you have lived there: less than 1 year, 30 days; 1 to 2 years, 60 days; 2 years or more, 90 days. The same notice is needed to not renew a lease or raise rent by 5% or more. RPL 226-c, 232-a (NYC), 232-b (outside NYC). Tenant: no special statutory period was confirmed; follow your lease (commonly one month).
- Time to respond to an eviction lawsuit
- Generally you answer at the first court date, orally or in writing (RPAPL 743). In courts that use the special nonpayment procedure, you must answer within 10 days after the papers are served, or you can lose by default (RPAPL 732). Read your court papers for the exact date.
- Lockouts and utility shutoffs
- Yes. Once you have lived there 30 days or have a lease, it is illegal to evict you without a court order by force or threats, by changing or disabling locks, removing your door or belongings, or cutting essential services like heat or water. It is a class A misdemeanor with a civil penalty of $1,000 to $10,000 per violation, plus up to $100 a day if the landlord fails to restore you to the home. RPAPL 768.
- Court self-help
- The court's eviction self-help page
- Law
- RPAPL 711, 731, 732, 743, 768; RPL 226-c, 232-a, 232-b; RPL Article 6-A
Rent increases and rent control in New York
- Notice of a rent increase
- Required for any increase of 5% or more (and for non-renewal): 30 days if you have lived there less than 1 year, 60 days for 1 to 2 years, 90 days for 2 years or more. If the landlord gives late notice, your current terms continue until the notice period runs out. RPL 226-c.
- Rent control
- No single statewide cap. Rent stabilization and rent control apply to many older buildings in NYC and some communities in Nassau, Rockland and Westchester (and others that opted in). Good Cause Eviction (2024) applies in NYC and in cities, towns and villages that opt in (such as Albany, Beacon, Ithaca, Kingston, Newburgh, Poughkeepsie, Rochester, White Plains). For covered units, a rent increase above the 'local rent standard' (inflation plus 5%, max 10%) is presumed unreasonable; for 2026 it is 8.38% in the NYC area and 8.15% upstate. Small landlords (10 or fewer units, or fewer if the locality says so), new buildings (certificate of occupancy after 2009, for 30 years), luxury units and others are exempt.
Late fees in New York
Rent is not late until more than 5 days after the due date. The late fee is capped at $50 or 5% of the monthly rent, whichever is less. A bounced-check fee is allowed only if the lease provides for it and is limited by law. RPL 238-a.
Retaliation in New York
The landlord may not evict you, refuse to renew, or offer a new lease with an unreasonable rent increase because you made a good-faith complaint (to the landlord or a government agency), enforced your rights, or joined a tenant organization. If the landlord acts within 1 year after your complaint or action, retaliation is presumed and the landlord must prove a non-retaliatory reason. You can win the eviction case and sue for damages and attorney fees. Owner-occupied buildings with fewer than 4 units are exempt. RPL 223-b.
Small claims court in New York
Deposit disputes usually go to small claims court, where you don't need a lawyer.
Limit: $10,000 in New York City; $5,000 in City Courts outside NYC and District Courts in Nassau and western Suffolk; $3,000 in Town and Village Courts.
Where to get free help in New York
Good to know in New York
- In New York City and opt-in cities like Albany, Rochester and Kingston, Good Cause Eviction means most tenants can only be evicted for a legal reason, and increases above 8.38% (NYC area, 2026) are presumed unreasonable.
- Your landlord must return your deposit within 14 days or lose the right to keep any of it.
- In NYC, many apartments are rent stabilized; check your rent history with DHCR.
Recent law changes
Good Cause Eviction Law (RPL Article 6-A), signed April 20, 2024: mandatory in NYC, opt-in elsewhere; requires good cause to evict or not renew, and sets the 'local rent standard'. Since August 18, 2024, rent increase and non-renewal notices and 14-day rent demands must include a notice saying whether the unit is covered. 2024 law also clarified that squatters are not tenants (RPAPL 711). RPL 238-a was revised in October 2025 (current text adds rules on fees for bounced rent checks).
Free tools for New York renters
Pre-set for New York. They run in your browser and send nothing.
Deposit return calculator for New York
Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.
Security deposit demand letter for New York
A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.
Repair request letter for New York
Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.
Eviction notice timeline for New York
Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.
This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.
Questions about renters' rights in New York
How much can a landlord charge for a security deposit in New York?
One month's rent. Exceptions: registered seasonal rentals and owner-occupied co-op apartments.
How long does a landlord have to return a security deposit in New York?
Within 14 days after you move out, the landlord must return your deposit or give you an itemized statement of what is kept and return the rest. If the landlord misses the 14 days, the landlord loses the right to keep any part of it. Give the landlord your new address in writing.
What can I do if my landlord won't return my deposit in New York?
Actual damages. If the landlord willfully broke the deposit law, a court can add punitive damages of up to twice the deposit. Missing the 14-day deadline means the landlord forfeits the whole deposit.
What can a landlord deduct from a security deposit in New York?
Only reasonable, itemized costs for unpaid rent, damage you caused beyond normal wear and tear, unpaid utility charges payable to the landlord under the lease, and moving and storing your belongings. Never for ordinary wear and tear or damage by a prior tenant.
Does a landlord have to pay interest on a security deposit in New York?
Buildings with 6 or more apartments: the deposit must be in an interest-bearing New York bank account. You get the interest, minus a 1% per year administrative fee the landlord may keep; you can choose to have it paid yearly, applied to rent, or paid at the end. Smaller buildings: only if the landlord chooses an interest-bearing account.
How do I ask my landlord for repairs in New York?
Tell the landlord in writing and keep a copy. No statute sets a number of days for ordinary repairs. Call your local code enforcement office (in NYC, 311/HPD) for an inspection.
Can I repair and deduct the cost from rent in New York?
No statute. The Attorney General says that in extenuating circumstances (for example, a broken door lock the landlord willfully ignores) you may make necessary repairs and deduct reasonable costs from rent. Keep receipts and copies of all communications.
Can I withhold rent for repairs in New York?
Possible but risky. You may withhold rent for a breach of the warranty of habitability, but the landlord can sue you for nonpayment and you then raise the warranty as a defense or counterclaim; the court can reduce the rent. You can also sue for a rent reduction. Rent-regulated tenants can file a rent reduction complaint with DHCR 10 to 60 days after giving written notice to the landlord.
How much notice does a landlord need to enter in New York?
No statute sets a number of hours. The Attorney General says the landlord may enter with reasonable prior notice, at a reasonable time, and with your consent, to make repairs or services or as your lease allows. In an emergency (fire, water leak) no notice or consent is needed. If you unreasonably refuse, the landlord can ask a court for access.
How much notice does a landlord have to give for unpaid rent in New York?
14-day written rent demand to pay or leave, served as the law requires. It must include the Good Cause Eviction notice (whether your unit is covered, and if not, why). Paying the full rent before the hearing ends the case. You can't be evicted in a nonpayment case for late fees, legal fees or other added fees.
How much notice for a lease violation in New York?
No general statewide cure period in Article 7; it depends on your lease. For units covered by Good Cause Eviction, the landlord must give written notice and 10 days to cure a lease violation before eviction. Rent-regulated units have their own rules.
How much notice is needed to end a month-to-month lease in New York?
Landlord, based on how long you have lived there: less than 1 year, 30 days; 1 to 2 years, 60 days; 2 years or more, 90 days. The same notice is needed to not renew a lease or raise rent by 5% or more. RPL 226-c, 232-a (NYC), 232-b (outside NYC). Tenant: no special statutory period was confirmed; follow your lease (commonly one month).
How long do I have to respond to an eviction lawsuit in New York?
Generally you answer at the first court date, orally or in writing (RPAPL 743). In courts that use the special nonpayment procedure, you must answer within 10 days after the papers are served, or you can lose by default (RPAPL 732). Read your court papers for the exact date.
Can my landlord lock me out or shut off utilities in New York?
Yes. Once you have lived there 30 days or have a lease, it is illegal to evict you without a court order by force or threats, by changing or disabling locks, removing your door or belongings, or cutting essential services like heat or water. It is a class A misdemeanor with a civil penalty of $1,000 to $10,000 per violation, plus up to $100 a day if the landlord fails to restore you to the home. RPAPL 768.
How much notice is needed for a rent increase in New York?
Required for any increase of 5% or more (and for non-renewal): 30 days if you have lived there less than 1 year, 60 days for 1 to 2 years, 90 days for 2 years or more. If the landlord gives late notice, your current terms continue until the notice period runs out. RPL 226-c.
Is there rent control in New York?
No single statewide cap. Rent stabilization and rent control apply to many older buildings in NYC and some communities in Nassau, Rockland and Westchester (and others that opted in). Good Cause Eviction (2024) applies in NYC and in cities, towns and villages that opt in (such as Albany, Beacon, Ithaca, Kingston, Newburgh, Poughkeepsie, Rochester, White Plains). For covered units, a rent increase above the 'local rent standard' (inflation plus 5%, max 10%) is presumed unreasonable; for 2026 it is 8.38% in the NYC area and 8.15% upstate. Small landlords (10 or fewer units, or fewer if the locality says so), new buildings (certificate of occupancy after 2009, for 30 years), luxury units and others are exempt.
Is there a limit on late fees in New York?
Rent is not late until more than 5 days after the due date. The late fee is capped at $50 or 5% of the monthly rent, whichever is less. A bounced-check fee is allowed only if the lease provides for it and is limited by law. RPL 238-a.
Can my landlord retaliate if I complain in New York?
The landlord may not evict you, refuse to renew, or offer a new lease with an unreasonable rent increase because you made a good-faith complaint (to the landlord or a government agency), enforced your rights, or joined a tenant organization. If the landlord acts within 1 year after your complaint or action, retaliation is presumed and the landlord must prove a non-retaliatory reason. You can win the eviction case and sue for damages and attorney fees. Owner-occupied buildings with fewer than 4 units are exempt. RPL 223-b.
What is the small claims limit in New York?
$10,000 in New York City; $5,000 in City Courts outside NYC and District Courts in Nassau and western Suffolk; $3,000 in Town and Village Courts.
- General Obligations Law 7-103, 7-108
- RPL 226-c Notice of rent increase or non-renewal
- RPL 238-a Limitation on fees
- RPL 223-b Retaliation by landlord against tenant
- RPAPL 711 Grounds where landlord-tenant relationship exists
- RPAPL 768 Unlawful eviction
- NY Attorney General: Residential Tenants' Rights Guide
- DHCR: Good Cause Eviction Law Notice, August 2026
Last checked: Oct 2026.