New York Landlord Tenant Law: Deposits, Rent Notice, Evictions and Good Cause in 2026
Short answerIt depends on your home. New York landlord tenant law gives every residential tenant a warranty of habitability, a one-month deposit cap and written notice before big rent increases. Good Cause Eviction adds limits in New York City and in towns that opted in. See RPL § 235-b and RPL § 226-c.
Last verified: October 31, 2026 against RPL §§ 226-c, 235-b, 235-f and 238-a, RPAPL §§ 711 and 768, GOL § 7-108 and the HCR Good Cause notice of August 2026
New York landlord tenant law sits in several statutes, mainly the Real Property Law (RPL), the Real Property Actions and Proceedings Law (RPAPL) and the General Obligations Law (GOL). The 2019 Housing Stability and Tenant Protection Act changed many of the numbers below. This page covers the rules tenants and landlords ask about most. It is general information, not legal advice. For the wider picture, see our New York real property law page and the housing and property laws index.
Key facts
- Deposit: capped at one month’s rent, returned with an itemized statement within 14 days after you move out.
- Late fee: only after a 5-day grace period, and no more than $50 or 5 percent of monthly rent, whichever is less.
- Rent increase notice: 30, 60 or 90 days for an increase of 5 percent or more.
- Nonpayment: a landlord must give at least 14 days’ written demand before suing.
- Lockouts: self-help eviction is a class A misdemeanor, with civil penalties of $1,000 to $10,000 per violation.
What are a New York tenant’s basic rights?
Every residential lease, written or oral, carries an implied warranty of habitability. RPL § 235-b says the home and common areas must be fit for human habitation and free of conditions that are dangerous or harmful to your life, health or safety. A lease clause that waives this right is void.
A serious mold problem that harms health can fall under that warranty. Labor Law Article 32 separately licenses mold inspection and remediation professionals. A landlord also cannot retaliate against you for a good-faith complaint about conditions.
How much can a landlord charge for a deposit and fees?
A security deposit cannot be more than one month’s rent. GOL § 7-108 lets a landlord keep only reasonable, itemized amounts for unpaid rent, damage beyond normal wear and tear, unpaid utilities owed to the landlord, and moving and storage costs.
The landlord has 14 days after you vacate to send an itemized statement and return the rest. Miss that deadline and the landlord loses the right to keep any of it. A willful violation can bring punitive damages of up to twice the deposit.
| Charge | New York limit |
|---|---|
| Security deposit | One month’s rent (GOL § 7-108) |
| Late fee | Starts after 5 days; $50 or 5 percent of rent, whichever is less (RPL § 238-a) |
| Application or screening fee | Actual cost of the background and credit check, up to $20, with a copy of the report (RPL § 238-a) |
| Deposit return | Within 14 days after you move out, with an itemized statement |
A landlord must offer a move-in inspection, and a pre-move-out inspection two weeks to one week before the lease ends, so you can fix listed problems and protect your deposit.
How does tenant screening work in New York?
A landlord can run a credit or background check, but the fee is capped at $20 and must be waived if you hand over a check done in the last 30 days. Under Executive Law § 296, a landlord cannot refuse to rent because of your lawful source of income, such as a housing voucher. The same law requires reasonable accommodations for a disability, which can include an assistance animal.
How much notice does a landlord need for a rent increase?
A landlord must give written notice before raising rent by 5 percent or more, or before not renewing. RPL § 226-c sets the period by how long you have lived there or how long your lease runs, whichever is longer.
| Your occupancy or lease | Notice required |
|---|---|
| Under 1 year, no lease of a year or more | 30 days |
| 1 to under 2 years, or a lease of 1 to under 2 years | 60 days |
| 2 years or more, or a lease of 2 years or more | 90 days |
A late notice means your tenancy continues on its current terms until the period ends. The notice must also state whether the home is covered by Good Cause Eviction and, if not, why it is exempt.
What is Good Cause Eviction in New York?
Good Cause Eviction took effect on April 20, 2024 under RPL Article 6-A. It limits no-reason evictions and caps unreasonable rent hikes. It applies in New York City and in cities and towns that opt in. Opted-in places listed by the state in 2026 include Albany, Rochester, Ithaca, Kingston, Newburgh, Poughkeepsie, Hudson, New Rochelle and White Plains.
A rent increase is generally treated as unreasonable if it is above 5 percent plus the yearly change in the Consumer Price Index, capped at 10 percent. The 2024 to 2025 CPI change published for 2026 was 3.38 percent for the New York City area series and 3.15 percent for the Northeast series, which puts the limit at roughly 8.4 and 8.2 percent.
The law does not cover everyone. Exempt homes include rent-regulated units, co-ops and condos, owner-occupied buildings with 10 or fewer units in many places, buildings with a certificate of occupancy issued on or after January 1, 2009, and units above the high-rent threshold. Ask your landlord, who must tell you in writing whether the home is covered.
How does eviction work in New York?
A landlord can only remove you through a court case (see our new eviction laws in New York page for the full steps). For unpaid rent, RPAPL § 711 requires a written demand with at least 14 days’ notice to pay or leave. If you lose, a court order and a marshal or sheriff carry out the removal, not the landlord.
Changing the locks, shutting off services or removing your belongings is unlawful once you have lived there 30 days or have a lease.
| Violation of RPAPL § 768 | Penalty |
|---|---|
| Unlawful eviction, intentional | Class A misdemeanor, up to 1 year in jail |
| Civil penalty | $1,000 to $10,000 per violation |
| Refusing to let you back in | Up to $100 per day, for as long as 6 months |
Can a tenant have a roommate?
Yes. RPL § 235-f says a landlord cannot limit occupancy to the tenant and immediate family. With one named tenant, you may have immediate family plus one additional occupant and that person’s dependent children. With several named tenants, the number of tenants plus occupants cannot exceed the number of tenants on the lease. Tell the landlord the roommate’s name within 30 days of move-in. A roommate who is not on the lease has no right to stay if you leave.
Are basement apartments legal in NY?
Only when the space meets the building and housing code for living space and has the approvals your city or town requires. A landlord who rents an unapproved basement still owes the warranty of habitability, but the city can order the unit vacated. Check with your local building department, or the New York City Department of Buildings, before you sign.
Can a landlord install security cameras?
A camera in a hallway or lobby is a common building practice, but hidden cameras in a bedroom, bathroom or similar private space are a crime. Penal Law § 250.45 makes unlawful surveillance a class E felony in those settings.
What about commercial leases?
The habitability warranty and the rent notice rules above are written for residential premises. A commercial lease is a business contract, so the lease terms matter most. In New York City, RPL § 232-a requires at least 30 days’ notice to end a month-to-month tenancy that is not residential.
New York City rules
Good Cause Eviction covers New York City, and rent-stabilized homes follow Rent Guidelines Board rules instead. Housing code complaints go to the Department of Housing Preservation and Development (HPD). Eviction cases are heard in Housing Court.
Upstate and suburban tenants should check whether their city or town opted into Good Cause Eviction. Rochester has, and Rochester landlords follow the same state rules on deposits, notice and lockouts described here.
Frequently asked questions
How long does a landlord have to return a security deposit in New York?
Fourteen days after you move out, with an itemized statement, under GOL § 7-108. If the landlord misses the deadline, it loses the right to keep any part of the deposit.
Can my landlord raise my rent by any amount?
Not without notice. A rise of 5 percent or more needs 30, 60 or 90 days’ written notice under RPL § 226-c. In Good Cause places, an increase above the local limit can also be challenged.
Can a landlord evict me without going to court?
No. After 30 days of living there, or with a lease, the landlord needs a court order. Lockouts and utility shutoffs violate RPAPL § 768 and are a class A misdemeanor.
What is the maximum late fee in New York?
The fee cannot be charged until rent is five days late, and it is capped at $50 or 5 percent of monthly rent, whichever is less, under RPL § 238-a.
Can a landlord refuse tenants with a housing voucher?
No. Executive Law § 296 bars refusing to rent because of lawful source of income. Exempt are owner-occupied buildings of two families or fewer and rooms rented inside the owner’s home.
What changed on this page
- October 31, 2026: first publication, checked against the Real Property Law, RPAPL, the General Obligations Law and the August 2026 Good Cause notice. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
Start with a written, dated letter to your landlord. For housing code problems, contact your local code enforcement office or, in New York City, HPD. For a court case, talk to a New York-licensed attorney or a legal aid group. The New York State Bar Association lawyer referral service can help you find one.
