New York Lease Agreement Review
Since the Housing Stability and Tenant Protection Act of 2019, New York has had some of the most detailed lease rules in the country, and they apply statewide, not only in New York City. Deposit refunds run on a 14-day clock, late fees have a hard dollar cap, application fees are limited to $20, and a landlord planning a big increase or a non-renewal must warn you on a schedule tied to how long you have lived there.
Security deposit
1 month (HSTPA, 2019)
Entry notice
Reasonable notice
Security deposits in New York
New York caps deposits at one month’s rent statewide under the 2019 HSTPA and requires reasonable notice before entry; NYC adds further protections.
New York lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in New York
New York generally requires Reasonable notice of advance notice before a landlord enters for non-emergency reasons. A lease clause letting the landlord enter “at any time” conflicts with that and should be brought in line.
Habitability and repairs in New York
Like nearly every state, New York recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
How much warning before a New York rent increase?
For an increase of 5% or more, or a decision not to renew, a landlord of an unregulated unit must give written notice of 30 days if you have lived there under a year, 60 days for one to two years, and 90 days for two years or more or on a two-year lease. Rent-stabilized units follow separate rules, and the Good Cause Eviction Law adds protections for some unregulated tenants.
What are the deposit and fee rules?
The landlord must return the deposit within 14 days of move-out. A landlord who keeps money for damage without giving an itemized statement within that window must return the entire deposit. Rent is not late until it is more than five days past due, and the late fee is capped at $50 or 5% of monthly rent, whichever is less. Before signing, the only screening fee allowed is up to $20 for a background or credit check, with a copy of the report and invoice.
Who can end a New York lease early?
Real Property Law 227-c lets a tenant who reasonably fears further domestic violence end the lease on at least 30 days' notice, with documents due within 25 days. Military Law 310 covers service members entering active duty. RPL 227-a lets tenants aged 62 or older, or with a disability, leave if a physician certifies they can no longer live independently or they move to qualifying housing.
New York sources checked 2026-10-09: New York Attorney General, Residential Tenants' Rights Guide. Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a New York lease
- Security deposit vs the New York limit, and the return terms
- Landlord entry notice against New York requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
New York lease FAQ
How much can a landlord charge for a security deposit in New York?
As of October 2026, the security-deposit rule in New York is: 1 month (HSTPA, 2019). New York caps deposits at one month’s rent statewide under the 2019 HSTPA and requires reasonable notice before entry; NYC adds further protections. Deposit caps change, so confirm the current figure, ClauseAudit checks it against New York law when you run your lease.
How much notice must a landlord give before entering in New York?
In New York, a landlord generally must give Reasonable notice before entering for non-emergency reasons. Emergencies are an exception. Check that your lease’s entry clause matches or improves on that.
Can a New York lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a New York lease; it does not override your rights.
How much can a landlord charge as a security deposit in New York?
New York caps it: 1 month (HSTPA, 2019). New York caps deposits at one month’s rent statewide under the 2019 HSTPA and requires reasonable notice before entry; NYC adds further protections. That figure is unusual, shared with no other jurisdiction in this dataset. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to New York treat deposits the same way?
No, and the gap can be large: Connecticut (2 months (1 month if tenant is 62+)), Massachusetts (1 month), New Jersey (1.5 months), Pennsylvania (2 months (first year), 1 month after). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than New York's.
Is there anything specific to New York tenants should know?
New York caps deposits at one month’s rent statewide under the 2019 HSTPA and requires reasonable notice before entry; NYC adds further protections. Both the deposit ceiling and the entry-notice period come from statute here, so a lease that contradicts either is worth questioning.
Can a New York landlord charge a late fee on day two?
No. Under the statewide rules described by the New York Attorney General, rent is not late until it arrives more than five days after the due date, and the fee then cannot exceed $50 or 5% of the monthly rent, whichever is less. A lease setting an earlier or larger fee conflicts with that.
What if my New York landlord gives no itemized deduction list?
Then the landlord loses the right to keep any of it. The Attorney General's guide explains that a landlord who withholds money for damage without giving an itemized receipt within 14 days of move-out must return the entire deposit, whether or not there was damage.
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Deposit rules in neighbouring states
Deposit limits are set state by state, and 5 of the 5 states bordering New York use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
New York landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against New York law when you run your lease, and you should confirm anything critical with a qualified New York attorney.