New York Residential Lease Agreement

Introduction

This comprehensive guide provides detailed information about New York residential lease agreements and landlord-tenant law. New York has extensive tenant protections under state law and additional requirements for New York City properties. All legal requirements cited in this document are hyperlinked to official New York State and New York City government sources for verification.

Required Disclosures

New York law mandates several key disclosures in residential leases. These requirements vary between statewide requirements and additional New York City-specific disclosures.

Statewide Disclosure Requirements

Lead-Based Paint Disclosure

Federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards for properties built before 1978. ^[1]

Sprinkler System Disclosure

Every residential lease must provide conspicuous notice in bold face type as to the existence or non-existence of a maintained and operative sprinkler system in the leased premises. ^[2] If a maintained and operative sprinkler system exists, the lease must also disclose the last date of maintenance and inspection.

Security Deposit Bank Information

When a landlord accepts a security deposit, they must disclose in writing the name and location of the financial institution where the deposit is being held. ^[3] For properties with six or more units, deposits must be placed in interest-bearing accounts at the prevailing rate. ^[4]

Good Cause Eviction Law Disclosure

Starting August 18, 2024, landlords covered by the Good Cause Eviction Law must include language in every lease and renewal lease disclosing whether the apartment is covered by the law. ^[5] The law currently applies to renters in New York City, Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, Newburgh, Nyack, Hudson, New Paltz, Fishkill, Catskill, Croton-on-Hudson, and Binghamton. If the property is not covered, the disclosure must explain why.

New York City-Specific Disclosure Requirements

Bedbug Infestation History (Nyc)

Local Law 69 of 2017 requires all New York City multiple dwelling property owners to disclose the bed bug infestation history of the rental unit. ^[6] Landlords must attempt to obtain bedbug infestation history from the tenant or unit owner, including whether eradication measures were employed. Property owners must file an Annual Bed Bug Report with HPD between December 1 and December 31 each year, and provide the filing receipt to each tenant upon commencement of a new lease and with each lease renewal.

Window Guards Disclosure (Nyc)

Under NYC Administrative Code §27-2043.1 (Local Law 57 of 2011), building owners of properties with three or more units must provide an Annual Notice to tenants between January 1 and January 15 each year. ^[7] This notice informs tenants that window guards will be made available if a child age 10 or younger lives in the apartment or if the tenant requests them for any reason. Tenants must return the form by February 15. Building owners must install approved window guards on all windows (including first floor bathrooms and windows leading to balconies or terraces) where children 10 or younger reside.

Stove Knob Covers Disclosure (Nyc)

Under Local Law 44 of 2022, property owners of multiple dwellings must provide tenants with an Annual Notice on or before January 16, informing tenants that stove knob covers or permanent stove safety knobs will be made available within thirty days. ^[8] Property owners must provide these safety devices for gas-powered stoves where a child under six years of age resides, or upon tenant request in any unit.

Indoor Allergen Hazards Disclosure (Nyc)

Multi-unit properties in New York City must complete and sign a disclosure acknowledging that the landlord has performed an annual inspection of indoor allergen hazards such as mold, mice, rats, and cockroaches. ^[9]

Building Smoking Policy (Nyc)

For buildings with three or more units in New York City, landlords must disclose the building's smoking policy to tenants. ^[10]

Security Deposits

New York has comprehensive laws governing security deposits to protect both landlords and tenants.

Maximum Security Deposit

For non-rent stabilized dwelling units, landlords cannot demand a security deposit exceeding one month's rent. ^[11] Exceptions apply for seasonal-use dwelling units and owner-occupied cooperative apartments, which may have different deposit limits.

Interest on Security Deposits

For rental properties with six or more family units, security deposits must be placed in interest-bearing accounts in a banking organization within New York State at the prevailing interest rate. ^[12] The landlord may retain an amount equivalent to one percent per annum of the security deposit for administrative and custodial expenses. ^[13] The remaining interest must be paid annually to the tenant or kept in trust. If a lease ends between interest payment dates, landlords must pay tenants any accrued interest to that point. ^[14]

Storage and Banking Requirements

Security deposits must continue to be the money of the tenant until lawfully applied or repaid. ^[15] Landlords must notify tenants in writing about the banking institution holding the funds. Deposits cannot be commingled with the landlord's personal funds.

Return of Security Deposit

Within fourteen days after the tenant has vacated the premises, the landlord must provide the tenant with an itemized statement indicating the basis for any amount withheld from the security deposit. ^[16] The entire amount of the deposit must be refunded except for lawful deductions for: unpaid rent, damage beyond normal wear and tear caused by the tenant, unpaid utility charges, and reasonable costs for moving or storing tenant's abandoned property.

Pre-Move Inspections

Tenants have the right to a pre-occupancy inspection to document existing conditions. ^[17] Landlords must provide notice of a pre-move-out inspection, giving tenants an opportunity to cure any deficiencies before vacating.

Penalties for Willful Violations

For willful violations of security deposit requirements, landlords may face penalties of up to twice the deposit amount. ^[18] The burden of proving the reasonableness of any deduction rests with the landlord.

Property Transfers and Successor Liability

When a property is sold, the original landlord must transfer all security deposits to the new owner within five days or return the deposits to tenants. ^[19] New property owners must be notified of security deposits within thirty days of transfer, with tenants given time to provide documentation.

Non-Waivable Rights

Any provision in a lease waiving a tenant's rights under security deposit laws is absolutely void and unenforceable. ^[20]

Rent Payment Terms and Late Fees

Written Receipt Requirements

When rent is paid via cash or any instrument other than a personal check, landlords must issue written receipts containing the date, amount, property identity, rental period, and the signature and title of the person receiving payment. ^[21] If payment is personally transmitted, the receipt must be issued immediately. If transmitted indirectly, the receipt must be issued within fifteen days. For rent paid by personal check, tenants may request written receipts, and once requested in writing, this requirement continues throughout the tenancy. Landlords must maintain cash rent receipt records for at least three years.

Grace Period for Late Rent

Landlords cannot charge a late fee until rent is at least five days past due. ^[22] If a landlord fails to receive payment for rent within five days of the date specified in the lease agreement, they must send the tenant written notice by certified mail stating the failure to receive payment. The failure to provide such notice may be used as an affirmative defense by the tenant in an eviction proceeding based on non-payment of rent. ^[23]

Maximum Late Fee Amount

Cooperative Housing Exception

Cooperative housing corporations may charge up to 8% of monthly maintenance fees under specific conditions outlined in Real Property Law §238-A(2). ^[25]

Dishonored Check Fees

Landlords can charge fees for checks returned for insufficient funds only if: (a) the lease explicitly permits such charges, and (b) the fee does not exceed the actual costs incurred or the amount specified in General Obligations Law §5-328. ^[26] If the fee exceeds statutory limits, the landlord must provide documentation substantiating actual costs upon tenant request.

Application and Processing Fees

Landlords cannot demand fees for application processing, review, or acceptance, except for background checks and credit checks. ^[27] These checks are limited to $20 or actual cost, whichever is less. Landlords must provide tenants with copies of background and credit checks performed, along with related documentation.

Non-Waivable Fee Protections

Any provision in a lease or contract waiving or limiting the fee restrictions under Real Property Law §238-A is void as against public policy. ^[28]

Landlord's Right to Enter

New York State does not have a specific statewide statute establishing a general notice requirement for landlord entry into rental properties. However, New York City has specific requirements for certain types of inspections.

Nyc Code Compliance Inspections

For code compliance inspections in New York City, landlords must provide a minimum of 24 hours' notice to tenants. ^[29]

Repairs and Improvements (Nyc)

In New York City, landlords must provide at least one week's notice for non-emergency repairs and improvements. ^[30]

Best Practices Outside Nyc

While statewide law does not mandate specific notice periods outside of New York City, landlords should provide reasonable notice (typically 24-48 hours) for non-emergency entry as a matter of best practice and to maintain positive landlord-tenant relationships. Emergency situations (such as fire, flood, or gas leak) typically permit immediate entry without notice.

Lease Termination and Eviction

Good Cause Eviction Protections

The Good Cause Eviction Law, which went into effect on April 20, 2024, applies to renters in specific New York localities including New York City, Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, Newburgh, Nyack, Hudson, New Paltz, Fishkill, Catskill, Croton-on-Hudson, and Binghamton. ^[31] For apartments covered by this law, landlords must have good cause to evict tenants and the law also limits rent increases upon lease renewal.

Eviction for Non-Payment

Before pursuing eviction for non-payment of rent, landlords must send written notice by certified mail if rent has not been received within five days of the due date. ^[32] Failure to provide this notice may serve as an affirmative defense for tenants in eviction proceedings.

Month-To-Month Tenancy Termination

For month-to-month tenancies not covered by Good Cause Eviction protections, either party may typically terminate the tenancy with proper notice as specified in the lease or as required by local law. Notice requirements vary based on the length of tenancy and local regulations.

Additional Tenant Protections

Warranty of Habitability

New York law implies a warranty of habitability in all residential leases, requiring landlords to maintain premises in a habitable condition and comply with applicable building and housing codes. ^[33] This warranty cannot be waived by tenants.

Unlawful Restrictions on Occupancy

Real Property Law §235-F prohibits certain unlawful restrictions on occupancy, including discriminatory provisions. ^[34]

Senior Citizen Lease Termination Rights

Under Real Property Law §227-A, senior citizens (age 65 and older) have special rights to terminate residential leases under certain circumstances, such as when entering a residential health care facility. ^[35]