New York landlord-tenant law at a glance
New York landlord-tenant law gives tenants more protection than most states, with fixed notice periods tied to how long a tenant has lived in the unit, a one-month deposit cap and a short 14-day deposit return deadline. Most of the rules come from the Real Property Law (RPL), the Real Property Actions and Proceedings Law (RPAPL) and General Obligations Law (GOL) section 7-108.
The table covers apartments that are not rent stabilized. Rent-stabilized units follow additional rules from the state housing agency, HCR.
| Rule | New York requirement | Statute |
|---|---|---|
| Ending a tenancy or not renewing | 30 days if under 1 year; 60 days for 1 to 2 years; 90 days for 2 years or more | RPL 226-c, 232-a, 232-b |
| Rent increase of 5% or more | Same 30, 60 or 90-day written notice | RPL 226-c |
| Tenant leaving a month-to-month (outside NYC) | One month’s notice | RPL 232-b |
| Before a nonpayment case | 14-day written rent demand | RPAPL 711 |
| Security deposit cap | One month’s rent; no separate last month’s rent | GOL 7-108(1-a) |
| Deposit interest | Interest-bearing New York account in buildings with 6 or more units | GOL 7-103 |
| Deposit return | Within 14 days of move-out, with an itemized statement | GOL 7-108(1-a)(e) |
| Late fees | Only after rent is more than 5 days late; lesser of $50 or 5% of monthly rent | RPL 238-a |
| Entry | Reasonable prior notice at a reasonable time; none needed in an emergency | NY AG Tenants’ Rights Guide |
How much notice does a landlord have to give in New York?
A New York landlord must give 30, 60 or 90 days’ written notice to end a tenancy, decline to renew a lease or raise the rent by 5% or more, depending on how long the tenant has been there. The clock runs on whichever is longer, the tenant’s time in the unit or the length of the lease.
Under RPL 226-c, a tenant who has lived in the unit less than a year gets 30 days. One to two years means 60 days, and more than two years means 90 days. Month-to-month tenancies follow the same periods under RPL 232-a and 232-b. If you miss the deadline, the tenancy continues on its current terms until the full notice period has run, so a late notice pushes your rent increase or move-out date back.
Since August 18, 2024, these notices must also carry the Good Cause Eviction disclosure, which says whether the unit is covered and why. Use the current HCR form of the notice.
Security deposit rules in New York
A New York landlord can collect no more than one month’s rent as a security deposit, and cannot collect last month’s rent on top of it. The cap comes from GOL 7-108(1-a)(a) and applies to nearly every residential lease in the state.
In a building with six or more units, the deposit has to sit in an interest-bearing account at a bank in New York. After the tenant moves out, you have 14 days to return the deposit or send an itemized statement of what you kept and why. Miss that deadline and you lose the right to keep any of it, even for real damage. Photos of each unit at move-in and move-out, kept with the lease, make those statements much easier to defend.
Late fees and rent demands
New York does not let you charge a late fee until rent is more than five days past due, and the fee cannot be more than $50 or 5% of the monthly rent, whichever is less. On a $1,400 apartment the most you can charge is $50. On an $800 unit it is $40.
You also cannot evict a tenant for unpaid late fees alone. Before you can start a nonpayment case, RPAPL 711 requires a written rent demand giving the tenant 14 days to pay. Keep a copy and proof of how it was delivered, because the court will ask for both.
Landlord entry rules in New York
New York sets no fixed number of hours for entry notice. According to the Attorney General’s Residential Tenants’ Rights Guide, a landlord may enter with reasonable prior notice, at a reasonable time and with the tenant’s consent, to make repairs or as the lease allows. In an emergency, such as a leak or a fire, no notice is needed.
Because the statute is vague, the lease does most of the work. Spell out how much notice you will give for repairs and showings, and give it in writing. That matters most when you are selling, since buyers and lenders will want to see units.
The eviction process in New York
Evictions in New York go through a summary proceeding under RPAPL Article 7, either for nonpayment of rent or as a holdover when a tenant stays after the tenancy ends. Cases are heard in Housing Court in New York City and in city, town or village courts elsewhere.
You cannot change the locks or remove belongings yourself. Only a marshal or sheriff can carry out an eviction, and only after a judge issues a warrant. In a Good Cause area, a holdover case also needs a reason the law accepts, which we cover below.
- Add up the fixed steps and a nonpayment case takes at least five to six weeks from the rent demand to the lockout, and usually longer.
- Courts in New York City and other busy counties often take several months to reach a final judgment.
- Adjournments, repair claims and tenant applications for rental assistance can each add time.
| Step | Timing | Rule |
|---|---|---|
| Rent demand (nonpayment cases) | Tenant gets 14 days to pay | RPAPL 711 |
| Termination notice (holdover cases) | 30, 60 or 90 days, by tenancy length | RPL 226-c, 232-a |
| Serve notice of petition and petition | 10 to 17 days before the hearing | RPAPL 733 |
| Hearing and judgment | Depends on the court’s calendar | RPAPL Article 7 |
| Warrant executed | At least 14 days’ written notice from the marshal or sheriff | RPAPL 749 |
Good Cause Eviction in New York (RPL Article 6-A)
Good Cause Eviction, enacted in the 2024 state budget as RPL Article 6-A, bars covered landlords from evicting a tenant or refusing to renew a lease without a reason the law accepts, and it treats large rent increases as unreasonable. It applies automatically in New York City. Other cities, towns and villages can opt in, and more upstate municipalities did so during 2025 and 2026.
Under the law, a rent increase above the lower of 10% or 5% plus the annual change in CPI is presumed unreasonable. A tenant who refuses such an increase can raise it as a defense in a holdover case, and you would have to justify the increase, for example by showing higher taxes or major repairs. HCR posts the current figure on its Good Cause page.
Small landlords are exempt: an owner with no more than 10 units statewide, or under the local threshold where a municipality sets one, is not covered. That matters for many five-to-ten unit owners. Every landlord, including an exempt small landlord, must attach the HCR Good Cause notice to leases, renewals, non-renewal and rent increase notices, and rent demands, stating whether the unit is covered. HCR has posted versions of that notice dated February 2025, April 2025 and August 2026. Article 6-A is set to expire on June 15, 2034.
Does New York have rent control?
New York allows rent stabilization locally rather than imposing it statewide. Under the Emergency Tenant Protection Act (ETPA), any city, town or village can adopt rent stabilization by declaring a housing emergency, an option opened to the whole state by the 2019 Housing Stability and Tenant Protection Act, signed in June 2019.
Rent stabilization covers many older buildings in New York City and some suburban communities that opted in. In a stabilized unit, increases on renewals are set by a rent guidelines board, not by the owner. Good Cause Eviction is a separate and lighter set of rules for units that are not stabilized. Check whether your building is registered with HCR before you set rents or price a sale.
Selling a New York apartment building with tenants
Leases survive the sale of a New York building, so the buyer takes it subject to every existing lease and tenancy. Tenants keep their rent, their lease term and, in covered units, their Good Cause or rent stabilization protections.
Security deposits must move with the building. Under GOL Article 7, Title 1, the seller must turn the deposits over to the new owner within five days of the sale, or return them to the tenants. Send the tenants written notice of who now holds their deposits. A buyer will also ask for estoppel certificates, the rent roll, HCR registrations for any stabilized units and copies of all leases, so gather them early.
Skyline buys apartment buildings with five or more units in New York, with the tenants in place. We buy directly, close on your timeline, and can work inside 1031 deadlines. If you are thinking about an exchange, our page on a 1031 exchange in New York covers the state filings.
New York landlord-tenant law changes in 2025 and 2026
The biggest recent change is Good Cause Eviction. It was enacted in 2024 and applies in New York City, and through 2025 and 2026 more municipalities outside the city opted in, so a building that was not covered last year may be covered now. Check with your city, town or village.
HCR issued new Good Cause notice forms in February 2025, April 2025 and August 2026, and termination, renewal and rent increase notices must carry the current disclosure. On the tax side, New York cut its lowest income tax rates for 2026, which slightly lowers the state tax on rental income for smaller owners. New York City owners should also review the city’s own rules, which change more often than state law.
