New York (NY) law guide
Quick answer
New York caps security deposits at 1 month's rent and requires landlords to return the deposit within 14 days of move-out with an itemized statement. There is no statewide rent control, but rent stabilization covers roughly 1 million NYC apartments and sets annual increase limits. For nonpayment of rent, landlords must give a 14-day pay-or-quit notice before filing for eviction.
Security Deposit Limit
1 month's rent (no more)
Deposit Return Deadline
14 days after move-out with itemized statement
Statewide Rent Control
No universal cap; rent stabilization applies to qualifying NYC and some suburban units
Nonpayment Eviction Notice
14-day written pay-or-quit notice required
New York rental market snapshot
Population
~20 million
Renter households
46%
Median rent
~$2,500/mo (2BR, NYC area); ~$1,800/mo statewide
Largest rental markets
New York City, Buffalo, Rochester, Albany, Syracuse
New York City is one of the most renter-dense markets in the US, with over 60% of NYC households renting and median 2BR asking rents above $5,000/mo in Manhattan.
Landlords may collect no more than 1 month's rent as a security deposit, and they cannot also require last month's rent upfront. This cap applies to nearly all residential rentals statewide under the Housing Stability and Tenant Protection Act (HSTPA) of 2019.
After a tenant moves out, the landlord has 14 days to return the deposit with an itemized written statement of any deductions. If the landlord misses that deadline, they forfeit the right to keep any portion of the deposit, even for legitimate damage.
New York has no universal statewide rent control. However, rent stabilization covers an estimated 1 million apartments in New York City and some units in Nassau, Westchester, and Rockland counties. Annual rent increase limits are set each year by the NYC Rent Guidelines Board.
For lease renewals under stabilization, landlords must give tenants 90 days' notice of a rent increase or non-renewal if the tenant has lived in the unit for more than 2 years. No state law caps late fees, but they must be reasonable and disclosed in the lease.
For nonpayment of rent, landlords must first send a 5-day written reminder by certified mail, then follow with a 14-day pay-or-quit notice. If the tenant pays the full amount owed within 14 days, the landlord cannot proceed with the eviction.
To end a month-to-month tenancy, the required notice depends on how long the tenant has lived there: 30 days for less than 1 year, 60 days for 1 to 2 years, and 90 days for more than 2 years. The Good Cause Eviction Law (RPL Section 231-b) now requires landlords of covered units to show a legitimate reason to end a tenancy.
New York law does not specify an exact number of hours of notice before landlord entry, but the AG's guidance and standard practice require reasonable advance notice (generally at least 24 to 48 hours) and entry only during normal business hours. Emergency access is permitted without notice.
Landlords must keep all systems (heat, plumbing, electrical, structural) in safe working order under the warranty of habitability (RPL Section 235-b). The repair timeframe is not set to a fixed number of days by statute but must be within a reasonable time based on severity.
Every New York residential lease carries an implied warranty of habitability under RPL Section 235-b. Landlords must maintain safe, livable conditions regardless of what the lease says. Tenants can pursue a rent reduction through Housing Court if conditions fall below that standard.
Landlords may not retaliate against tenants for reporting code violations, contacting a government agency, or joining a tenant organization. Retaliation is presumed if a landlord takes adverse action within 90 days of a tenant's protected activity.
New York State Human Rights Law prohibits discrimination based on race, color, religion, sex, national origin, disability, familial status, age, and source of income (including housing vouchers). New York City adds additional protected classes including lawful occupation and citizenship status.
A tenant can break a lease early without penalty under specific legal protections: domestic violence victims, active military (federal SCRA), and tenants who move into a nursing home or assisted-living facility. Outside those protections, tenants typically owe rent through the end of the lease unless the landlord re-rents the unit; landlords have a legal duty to mitigate damages.
This guide is general information, not legal advice. Governing statute: N.Y. Real Property Law (RPL) and Real Property Actions and Proceedings Law (RPAPL). Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
New York FAQ
New York law caps security deposits at **1 month's rent** for virtually all residential rentals. Landlords cannot also collect last month's rent on top of that deposit.
Landlords must return the deposit within **14 days** of the tenant moving out, along with an itemized list of any deductions. Miss that deadline and the entire deposit must be returned, no exceptions.
No. New York does not have a universal statewide rent cap. **Rent stabilization** applies to roughly 1 million qualifying apartments in New York City and some suburbs, with annual increase limits set by the Rent Guidelines Board. Most upstate rentals have no increase cap.
New York statute does not set a specific hour requirement, but the AG recommends at least **24 to 48 hours** advance written notice for non-emergency entry during normal business hours. Landlords may enter without notice only for genuine emergencies.
Landlords must first send a **5-day written reminder** by certified mail, then a **14-day pay-or-quit notice**. If the tenant pays in full within those 14 days, the eviction process must stop.
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