Your rights · New York
Renting & housing
New York tenants have strong statutory protections: limits on deposits and late fees, a warranty of habitability that cannot be waived, and an eviction process that only a court can carry out.
Security deposits, repairs and habitability, rent increases, late fees, lease renewals, eviction notices, roommates.
Your rights
What you're entitled to, who qualifies, how much and by when — each right with the section of law behind it.
- Rent increase notice in New York: 30, 60 or 90 days, and the Good Cause limitsUnder Real Property Law § 226-c, if your landlord plans to renew your tenancy with a rent increase of 5% or more, or not to renew it at all, you must…
- Late rent fees in New York: the $50 or 5% cap and the five-day grace periodUnder Real Property Law § 238-a(2), your landlord can charge a late fee only if the rent hasn't been paid within five days of its due date, and the…
- Landlord retaliation in New York: protection for tenants who complainUnder Real Property Law § 223-b, your landlord can't try to evict you, refuse to renew your lease, offer a renewal with an unreasonable rent…
- Rental application fees in New York: the $20 limit on background and credit checksUnder Real Property Law § 238-a(1), a New York landlord can't charge you a fee to process, review or accept your rental application, or any other fee…
- Heat and hot water in New York City: required temperatures and how to complainIn New York City, building owners must provide heat from October 1 to May 31. Between 6 a.m. and 10 p.m., when it's below 55°F outside, your…
- Rent receipts in New York: when your landlord must give you oneUnder Real Property Law § 235-e, if you pay rent in cash or by any instrument other than your personal check, such as a money order or cashier's…
What to do now
Steps in order, for when it happened today.
Common situations
What the situation means, what usually decides it, and the ways to respond.
- SituationLandlord didn't return your security deposit in New York: the 14-day rule and what to doIn New York, within 14 days after you move out, your landlord must either return your whole security deposit or give you an itemized statement…
- SituationLandlord won't make repairs in New York: the warranty of habitability and what you can doUnder Real Property Law § 235-b, every residential lease in New York, written or oral, includes a promise that your apartment and the building's…
- SituationLocked out by your landlord in New York: illegal eviction and how to get back inIn New York, a landlord can't lock you out, remove your belongings, take off your door or shut off essential services to force you out. Only a court…
How to do it
Step-by-step processes: forms, deadlines, fees and where to go.
Questions people ask
A short, straight answer to one question, with the source.
- QuestionCan you break a lease in New York? What you owe and when you can leave earlyA lease is a binding contract, so leaving early can leave you owing rent. But under Real Property Law § 227-e, your landlord must make reasonable,…
- QuestionCan you have a roommate in New York? The roommate law and your rightsYes, in most cases. Under Real Property Law § 235-f, a landlord can't limit your apartment to just the people on the lease and their immediate…
- QuestionCan your landlord enter your apartment in New York? Notice, consent and emergenciesGenerally, your landlord can't come in whenever they like. According to the New York Attorney General's guide, a landlord may enter with reasonable…
- QuestionDo you get interest on your security deposit in New York?Often, yes. Under General Obligations Law § 7-103, your security deposit stays your money, held in trust, and can't be mixed with the landlord's own…
- QuestionRent-stabilized lease renewal in NYC: your right to renew, timelines and allowed increasesIf your New York City apartment is rent-stabilized, you generally have the right to renew your lease for one or two years, your choice, on the same…
Calculators and checklists
Free tools: transparent calculations under the law, and lists to tick off and print.
- CalculatorSecurity deposit deadline calculator (New York's 14-day rule)New York gives a landlord 14 days after you move out to return your security deposit or send an itemized statement of what was kept and why. Enter…
- CalculatorRent late fee calculator: the most a New York landlord can chargeA New York landlord may charge a late fee only if rent hasn't been paid within 5 days of the due date, and the fee can't be more than $50 or 5% of…
The official sources on this topic
Every page here rests on statutes, regulations and government sites. These are the ones that come up most on this topic:
- N.Y. Real Property Law(opens in a new tab)
- Residential Tenants' Rights Guide(opens in a new tab)
- N.Y. Real Property Actions and Proceedings Law(opens in a new tab)
- N.Y. General Obligations Law(opens in a new tab)
- Tenants' Rights and Responsibilities(opens in a new tab)
- Legal Services for Tenants Facing Eviction — NYC's Right-to-Counsel Law(opens in a new tab)
When you need an answer about your own situation
These pages explain the general rules. A first answer about your own situation is free; the full check confirms every legal point against the statute it cites, and a letter is written only on top of it.