What clauses are legally required in every New York lease agreement?
Every New York lease should identify the parties (landlord/agent and all adult tenants), the full property address, the rent amount and due date, the lease term, and the security deposit terms. New York does not require every tenancy to have a written lease — oral month-to-month tenancies are recognized — but a written lease is strongly recommended because it is far easier to enforce.
Two structural rules are specific to New York:
- Plain language: Residential leases must be written in clear, coherent plain language (Gen. Oblig. Law § 5-702). A landlord who violates the plain-language law can be liable for actual damages plus a statutory penalty.
- Warranty of habitability: Real Property Law § 235-b implies a warranty of habitability into every residential lease. It cannot be waived, and any lease clause purporting to waive it is void. See our guide to the New York warranty of habitability.
New York also voids clauses that waive tenant rights — for example, a clause exempting the landlord from liability for negligence, or one waiving the warranty of habitability, is unenforceable (Real Prop. Law § 235-b; Gen. Oblig. Law § 5-321).
What disclosures must New York landlords provide before a tenant signs?
New York landlords must provide several disclosures at or before lease signing. The exact set depends on the property and its location — New York City imposes additional local disclosures.
| Disclosure | Governing Authority | Applies To |
|---|---|---|
| Lead-based paint hazard + EPA pamphlet | Title X, 42 U.S.C. § 4852d (federal) | Housing built before 1978 |
| Security deposit bank name & address (interest-bearing account) | Gen. Oblig. Law § 7-103 | Buildings with 6 or more units |
| Sprinkler system notice (presence/maintenance) | Real Prop. Law § 231-b | All residential leases |
| Bedbug infestation history (prior year) | NYC Admin. Code / HPD form | New York City units |
| Window guard notice (children 10 or younger) | NYC Health Code § 131.15 | New York City units |
| Lead paint / young-child inquiry | NYC Local Law 1 of 2004 | NYC units, pre-1960 (or 1960–1978 with known lead) |
Landlords outside New York City should confirm which local disclosures their municipality requires. Verify the current NYC bedbug and window-guard forms before use — the required forms are updated periodically. For a deeper walkthrough of each notice, see our New York required lease disclosures checklist.
What are New York's security deposit rules — the one-month cap, returns, and deductions?
Since the HSTPA took effect on June 14, 2019, a landlord may collect no more than one month's rent as a security deposit (and may not separately demand last month's rent on top of it) for non-rent-regulated units (Gen. Oblig. Law § 7-108(1-a)).
Move-in / move-out inspections: Before the tenant takes occupancy, the landlord must offer the tenant the opportunity to inspect the unit together and agree in writing on existing conditions. Before move-out, the landlord must notify the tenant of their right to a walk-through inspection so the tenant can cure conditions that would otherwise be deducted (Gen. Oblig. Law § 7-108(1-a)(e)).
Return deadline: Within 14 days after the tenant vacates, the landlord must return the deposit together with an itemized statement of any deductions. A landlord who fails to provide the itemized statement within 14 days forfeits the right to retain any portion of the deposit (Gen. Oblig. Law § 7-108(1-a)(e)).
Where deposits are held: For buildings with six or more units, deposits must be held in a New York interest-bearing account, and the tenant must be told the bank's name and address; the landlord may retain a 1% annual administrative fee and must pay the remaining interest to the tenant (Gen. Oblig. Law § 7-103).
Permissible deductions are limited to unpaid rent and damage beyond ordinary wear and tear — a landlord may not charge for routine cleaning or repainting attributable to normal use.
What late fees, application fees, and grace periods does New York allow?
The HSTPA capped several fees that were previously unregulated:
- Late fees: No more than $50 or 5% of the monthly rent, whichever is less, and only after rent is at least five days late (Real Prop. Law § 238-a(2)). A late fee must be stated in the lease to be collectible.
- Application fees: Capped at $20, and only for the actual cost of a background and credit check (waived if the applicant provides a recent report) (Real Prop. Law § 238-a(1)).
- Grace period for eviction: A landlord must send a written 5-day notice by certified mail if rent is not received within five days of the due date before pursuing non-payment (Real Prop. Law § 235-e(d)).
For the full breakdown, see our late-fee comparison and confirm the current New York figures against Real Property Law § 238-a before finalizing your lease.
What notice periods are required to raise rent, end, or not renew a New York lease?
New York ties notice length to how long the tenant has lived in the unit. Under Real Property Law § 226-c, a landlord who intends to raise the rent by 5% or more, or to not renew a lease, must give advance written notice:
| Length of tenancy (or lease term) | Required written notice |
|---|---|
| Less than 1 year | 30 days |
| 1 year to less than 2 years | 60 days |
| 2 years or more | 90 days |
The same 30/60/90 schedule governs terminating a month-to-month tenancy (Real Prop. Law § 226-c(2)). A month-to-month tenant in New York City who has occupied the unit for the relevant period is entitled to the corresponding notice.
Non-payment and lease-violation evictions follow a separate track — see our New York eviction process and timelines guide. A landlord may never use “self-help” (changing locks, removing belongings); only a court-ordered warrant of eviction executed by a marshal or sheriff is lawful.
Rent stabilization and what happens if a New York lease is missing required terms
Rent regulation: Roughly one million New York City apartments are rent-stabilized, and the Emergency Tenant Protection Act (ETPA) extends stabilization to parts of Nassau, Rockland, Westchester, and other opt-in localities. Stabilized units require a specific rider, renewal-offer procedures, and rents capped by the local Rent Guidelines Board — well beyond the baseline in this guide. Confirm whether your unit is stabilized before drafting the lease.
Missing or unlawful terms: New York does not automatically void an entire lease for a missing clause, but specific failures carry specific consequences:
- Failing to return the deposit with an itemized statement within 14 days forfeits the landlord's right to retain any of it.
- Charging more than one month's deposit, a late fee above the cap, or an application fee above $20 exposes the landlord to the tenant's damages and, in some cases, statutory penalties.
- Clauses that waive the warranty of habitability or exempt the landlord from negligence liability are severed and unenforceable (Real Prop. Law § 235-b; Gen. Oblig. Law § 5-321).
Managing property in more than one state? Compare New York's rules with our Texas and Florida lease requirement guides.
Create your New York lease agreement
Create a professional, state-specific rental contract with LeaseHelper's AI generator — New York and every other state covered.
Create your New York lease agreement →Frequently asked questions
Is there a security deposit limit in New York?
Yes. Since the HSTPA took effect in June 2019, a landlord may collect no more than one month's rent as a security deposit for a non-rent-regulated unit, and may not also demand last month's rent (General Obligations Law § 7-108(1-a)).
How long does a New York landlord have to return a security deposit?
Within 14 days after the tenant moves out, the landlord must return the deposit along with an itemized statement of any deductions. A landlord who fails to provide the itemized statement within 14 days forfeits the right to keep any part of the deposit (General Obligations Law § 7-108(1-a)(e)).
What is the maximum late fee a New York landlord can charge?
The late fee is capped at $50 or 5% of the monthly rent, whichever is less, and it cannot be charged until the rent is at least five days late. The fee must be written into the lease to be collectible (Real Property Law § 238-a(2)).
How much notice must a New York landlord give to end a month-to-month tenancy or not renew a lease?
Notice is tiered by how long the tenant has lived in the unit: 30 days for less than one year, 60 days for one to two years, and 90 days for two years or more (Real Property Law § 226-c). The same schedule applies to rent increases of 5% or more.
Does New York require a written lease agreement?
No — oral month-to-month tenancies are recognized — but a written lease is strongly recommended and, when used, must be in plain language (General Obligations Law § 5-702). The warranty of habitability under Real Property Law § 235-b applies to every residential tenancy whether or not it is in writing.
Are rent increases capped in New York?
There is no statewide cap on rent increases for market-rate units, but a landlord must give 30, 60, or 90 days' notice for an increase of 5% or more (Real Property Law § 226-c). Rent-stabilized units in New York City and ETPA localities are capped by the local Rent Guidelines Board.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.