How Do I Write a Residential Lease in New York?

1. What goes at the top of a New York lease: parties, premises and term?

Start with exactly who is bound and exactly what is rented. List every adult tenant by full legal name, name the landlord (or the LLC that owns the building) and give an address where notices to the landlord go. Describe the premises precisely: street address, unit number, and anything included or excluded, such as a parking space, storage unit or appliances.

Then set the term. A fixed term states a start date and an end date; a month-to-month tenancy states that it renews monthly until ended by notice. Your choice matters later, because New York ties the notice you must give to end or not renew a tenancy to how long the tenant has been there and how long the lease ran (see section 5).

Write the lease in plain, everyday language. Readable clauses are easier to enforce and harder for a tenant to argue they didn't understand.

2. How should I set rent and late fees in a New York lease?

State the monthly rent, the due date, where and how it's paid, and who it's paid to. Be specific about accepted payment methods, so there's no argument later about whether a payment was "received."

Late fees are where many New York leases go wrong. Under N.Y. Real Prop. Law §238-a(2), a late fee is capped at the lesser of $50 or 5% of the monthly rent, and there's a 5-day grace period. A clause charging a flat $75, or a fee from day two, isn't enforceable as written. On a $900 rent, 5% is $45, so $45 is the ceiling; on a $2,000 rent, 5% is $100, so $50 is the ceiling.

Your lease should also reflect what happens when rent stays unpaid. If rent isn't received within 5 days of the due date, New York requires the landlord to send the tenant a written notice of nonpayment by certified mail, and failing to send it is an affirmative defense in a nonpayment eviction. Building that step into your rent-collection routine now saves a lost case later.

3. What can a New York lease say about the security deposit?

The deposit can't exceed 1 month's rent (N.Y. Gen. Oblig. Law §7-108(1-a)(a); §7-103(2-a)). That cap covers the deposit itself, so don't try to get around it with a second "move-in deposit" or advance charge labeled differently.

The lease should state the deposit amount, that it's held as security (not as the last month's rent unless you both agree), and how it comes back. New York gives you 14 days after the tenant vacates to return it (N.Y. Gen. Oblig. Law §7-108(1-e)).

Because the return rules depend on documenting the unit's condition, plan a move-in walkthrough with the tenant and keep a dated, signed record of what you both saw. That record is your evidence if you later deduct for damage beyond normal wear and tear.

4. Does New York law set a notice period for landlord entry?

No. No New York statute sets a general notice period for a landlord's entry to a residential unit, so the lease governs. Real Property Law Article 7 has no general entry provision; manufactured-home parks are the exception, where entry is allowed during reasonable hours on reasonable notice, and without consent only in an emergency (RPL §233).

That makes your entry clause important. Spell out how much notice you'll give, how (text, email or written note), during what hours, and for what purposes: repairs, inspections, and showing the unit to prospective tenants or buyers. Add an emergency exception for fire, flood or anything threatening health or safety.

There's a second reason to get this right. Under Good Cause Eviction, a tenant's unreasonable refusal of access for repairs required by law, or to show the unit to a prospective purchaser or mortgagee, is a ground not to renew (RPL §231-c). A clear entry clause makes "unreasonable" easier to show.

5. How does a New York lease end, and what notice do I have to give?

If you won't renew, or you'll raise the rent by 5% or more at renewal, you must give written notice based on the longer of the tenant's cumulative occupancy or the lease term (RPL §226-c):

Month-to-month residential tenancies use these same periods, in New York City under RPL §232-a and outside it under RPL §232-b. Write the notice timeline into the lease so both sides know what to expect.

For nonpayment, the lease should match the statute: before a nonpayment proceeding, the landlord needs a written demand for the rent with at least 14 days' notice, requiring payment or possession, served as RPAPL §735 prescribes. That 14-day notice must contain or attach the RPL §231-c notice stating whether the unit is subject to or exempt from the Good Cause Eviction Law, and why.

6. What disclosures and final steps belong in a New York lease before signing?

Attach every disclosure that applies to your building before anyone signs. The best-known one is federal: for housing built before 1978, landlords must give tenants the federal lead-based paint disclosure and the EPA lead pamphlet, and keep a signed record. New York State and New York City add their own building-specific disclosures, so check which ones apply to your property's location and features, and include your Good Cause Eviction status, since you'll need it for any 14-day notice anyway.

Next, review the whole draft against this quick-reference list of the figures New York fixes by law:

Finally, have every adult tenant and the landlord sign and date the lease, and give each tenant a complete signed copy with all attachments. Keep your own signed original with the move-in condition record and disclosure acknowledgments.

About LeaseHelper: LeaseHelper builds AI-powered lease, eviction, and rental document generators for small landlords and property managers, and publishes guides on landlord-tenant law, security deposits, and evictions.