New York Lease Agreement

Required Landlord Disclosures (7)

During the lease signing, landlords ask tenants to sign additional forms called disclosures that address essential details about the property and any potential health and safety risks.

In New York, landlords must have tenants sign disclosures for the following.

1. Lead-based Paint: For properties built before 1978, landlords must inform tenants of any lead-based paint or lead-based paint hazards before leasing the property. This is the only federally required disclosure for all 50 states.

2. Security Deposit Receipt: New York landlords must disclose to tenants, in writing, the name and address of the bank holding the security deposit, along with the deposit amount (NY GOB Code § 7-103(2)).

3. Sprinklers: Landlords must tell tenants if a sprinkler system exists in the unit and, if so, the date of its last maintenance and inspection (NY RPP § 231-A).

4. Reasonable Modifications and Accommodations: Within 30 days of moving in, landlords must disclose tenants’ right to request reasonable modifications and accommodations in case of disability (NY EXC Code § 170-d).

Note: TurboTenant will add this disclosure to our NY lease agreement in the coming months. It’s a new legal requirement.

5. Rent Stabilization: Landlords must disclose to tenants whether the unit is rent-stabilized (New York City Administrative Code § 26-512).

6. Bed Bugs: New York City also requires landlords to inform tenants of the building’s and the unit’s bed bug history for the previous calendar year (New York City Administrative Code § 27-2018.1).

7. Certificate of Occupancy: A certificate of occupancy is a legal promise that the unit is up to building codes and fit for occupation. If the building has fewer than three units, the landlord must provide clear notice of the status (NY RPP Code § 235-bb).

Note: Landlords must provide this disclosure themselves.

Security Deposit Regulations

Maximum Security Deposit Amount: New York landlords can require a maximum security deposit equivalent to one month’s rent (NY GOB Code § 7-108(1a)).

Receipt of Deposit: Landlords must provide the tenant with a receipt explaining where the deposit is held and the amount (NY GOB Code § 7-103(2)).

Interest: The security deposit must be kept in an interest-bearing account. Landlords must pay the tenant the full annual interest minus 1% ((NY GOL Code § 7-103(2-a))).

Deduction Tracking: If the landlord keeps any portion of the security deposit, they must provide the tenant with an itemized list of deductions within 14 days (NY GOL Code § 7-108(1b)).

Returning a Tenant’s Security Deposit: Security deposits must be returned to the tenant within 14 days of the tenant vacating the property (NY GOB Code § 7-108(1e)).

Landlord’s Access to Property

Advance Notice: No state laws specifically dictate the amount of notice; however, local guidelines may differ. The New York Attorney General’s office has stated that reasonable notice is 24 hours for inspections.

Immediate Access: New York landlords can legally enter the property for emergencies or maintenance without providing notice.

Landlord Harassment: If a landlord repeatedly enters the property without the tenant present and without notice, they could be liable for landlord harassment.

Rent Payment Laws

Grace Period: New York provides a 5-day grace period for rent payments (NY RPP Code § 238-A(2)).

Late Rent Fees: Late fees are limited to $50 or 5% of the monthly rent, whichever is less (NY RPP Code § 238-A(2)).

Tenant’s Right to Withhold Rent: If the landlord fails to provide a utility or necessary maintenance service for which they are responsible, the tenant may pay the utility or pay for the cost of the repair and deduct the amount from a future rent payment (NY RPP Code § 235-A(1)).

Breach of Rental Agreement

Missed Rent Payment: After the grace period, the landlord can give the tenant a 14-day notice to pay rent or quit. This notice means the tenant must pay the full amount due or move out (NY RP Acts § 711(2)).

Lease Violation: For a lease violation, the landlord must first provide a Notice to Cure, which gives the tenant 10 days to correct the lease violation. The landlord can terminate the tenancy if the tenant doesn’t cure the violation. The tenant would then have 30 days to move out (NY RO Acts §§ 711, 753(4)).

Self-Help Evictions: In New York, it is illegal to perform a self-help eviction. All evictions must go through the full process, including a hearing before a judge (NY RPP Code §§ 235 and 853).

Lease Abandonment: If a tenant leaves a lease early and without cause, they could be responsible for the total rent for the remainder of the lease term.

Ending a Lease

Month-to-Month: Landlords can terminate month-to-month leases with at least 30 days’ notice if the tenant has occupied the unit for up to one year, 60 days’ notice for occupancy between one and two years, and 90 days’ notice if the tenant has occupied the unit for more than two years (NY RPP Code § 232-B).

Fixed-Term: A tenant can end a fixed-term lease early and without penalty if a qualifying condition is met, such as active military duty, landlord harassment, or domestic violence.

Property Abandonment: Landlords must make reasonable efforts to contact tenants to retrieve the property and store it for a reasonable period, generally 30 days.

Renewing a Lease

Required Renewals: If the unit is not rent-regulated, the landlord does not have to renew the lease but must give 30 – 90 days’ notice of the non-renewal, depending on how long the tenant has lived in the unit.

If the unit is rent-regulated, the landlord must allow the tenant to renew, except in a few circumstances (NY GOB Code § 5-905).

Required Notice: Landlords must provide 30 days notice for non-renewals if the tenant has been there for one year, 60 days’ notice if the tenant has been there between one and two years, and 90 days’ notice if they have been there for more than two years (Housing Stability & Tenant Protection Act of 2019).

Rent Control & Stabilization

New York has strict rent control and stabilization laws that impact the amount a landlord can increase the rent from year to year but can also vary significantly from city to city within the state.

Read more on rent control laws in New York before making any rent increases (Housing Stability & Tenant Protection Act of 2019).