Landlord-Tenant Law Guide
New York Landlord-Tenant Laws
New York has sweeping tenant protections under the Housing Stability and Tenant Protection Act (HSTPA) of 2019. The rules apply differently to rent-stabilized apartments, rent-controlled units, and market-rate housing — knowing which category your property falls into is essential.
Key Rules at a Glance
Security Deposit Limit
1 month's rent
HSTPA 2019 capped deposits at one month's rent for virtually all residential rentals. No last-month-rent deposits.
Deposit Return Deadline
14 days
With itemized statement of deductions. Failure to return within 14 days forfeits the right to any deductions.
Notice to Enter
Reasonable notice (typically 24 hours)
No specific statute for market-rate units, but courts expect advance reasonable notice. Emergency entry is always permitted.
Rent Increase Notice
30 days (<1 yr tenancy) / 60 days (1–2 yrs) / 90 days (2+ yrs)
HSTPA requires notice proportional to tenancy length. Rent-stabilized increases are governed by the NYC Rent Guidelines Board.
Late Fee Cap
$50 or 5% of monthly rent (whichever is less)
HSTPA 2019 established this statewide cap. Late fees may not be charged until rent is 5 days late.
Nonpayment Eviction Notice
14-day rent demand
A written rent demand must be served at least 14 days before filing a nonpayment petition in Housing Court.
Lease Termination (Month-to-Month)
30–90 days (based on tenancy length)
Same notice periods as rent increases apply to termination. Just-cause protections apply in many NYC buildings.
Disclaimer:New York City has additional local rules (HPD, DHCR) and rent stabilization regulations. Nassau and Westchester counties may have additional requirements. Consult a NY landlord-tenant attorney.
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Open →Frequently Asked Questions
How long does a New York landlord have to return a security deposit?
14 days from move-out, with an itemized written statement of deductions. Failing to return within 14 days forfeits your right to keep any portion of the deposit — not just the deductions.
Can I charge first, last, and security in New York?
No. HSTPA (2019) limits you to one month's rent as a security deposit. You cannot collect last month's rent or any other upfront payment beyond first month's rent and the deposit.
What is the maximum late fee in New York?
The lesser of $50 or 5% of the monthly rent, and it cannot be charged until rent is at least 5 days late.
How do I evict a non-paying tenant in New York?
Serve a written 14-day rent demand. If unpaid, file a nonpayment petition in Housing Court. Due to court backlogs, the process often takes 3–6 months from notice to enforcement.
Is my NYC apartment rent-stabilized?
Buildings with 6+ units built before 1974 are typically rent-stabilized. You can verify using the NYC Rent Guidelines Board lookup tool. Stabilized units have separate rules for increases, renewals, and lease terms.