New York Landlord-Tenant Law
The Empire State is the fourth most populous state in the U.S. and known for its wide variety of cultures, beautiful landscapes, and big personality. While New York City dominates the minds of most people when discussing New York, the whole state is an excellent place to not only live, but also property invest. For our recommendations on exactly where to invest in this state, take a look at our New York state rental investment report and keep reading for more information on New York landlord-tenant law.
New York Renter’s Rights and Landlord Responsibilities
- Recently passed rental laws make it more difficult for landlords to evict tenants
- Landlords are required to provide heat during the “Heat Season”
- Security deposits are limited to a maximum of one month’s rent
- Landlords must give a 30 day written notice before terminating a lease or raising rent
When it comes to New York rental laws, there are a few specifics landlords need to know:
- Evictions – If a tenant fails to pay rent, the landlord must give them 14-days to pay. If they fail to pay their rent, the landlord may begin eviction proceedings. If the tenant violates the lease, they must be given 30-days to amend the violation before an eviction lawsuit can be filed. A judge may postpone an eviction for up to one year if the tenant cannot find a similar residence in the same neighborhood.
- Heat Season – Heat Season is the period between October 1st and May 31st and is a time period where access to heat is required. Landlords are required to heat their properties to at least 68 degrees when the outside temperature is below 55 degrees between the hours of 6 AM and 10 PM. Landlords are also required to provide hot water 365 days a year.
- Security Deposits – Security deposit maximums are limited to one month of rent. Landlords are required to return the security deposit within 14 days of the tenant moving out.
- Raising Rent – If a tenant has occupied a unit for more than two years, the landlord is required to give them a 90-day written notice of them raising the rent. For a tenant that has lived in a rented space for more than one year, but less than two, the landlord must provide a 60-day notice, and for anyone under one year, a 30-day notice is required.
New York Rental Laws and Tenant Responsibilities
- Landlords may charge up to $50 for a late rent fee
- Tenants have the right to withhold rent until repairs are made
- New York has no laws on dealing with abandoned property
- Landlords cannot force a tenant out
- Late Fee – If a tenant fails to pay rent on time, the landlord may charge a $50 late fee of 5% of the monthly rent, whichever is less.
- Withholding Rent – If a landlord fails to make a repair, the tenant has the right to withhold rent or pay for the repair and deduct the cost from their next rent payment.
- Abandoned Property – New York has no formal laws covering abandoned property, but the general principle is to store the contents of the property for 30-days.
- Harassment – It is illegal for a landlord to offer a buyout, illegally lockout, or fail to provide proper repairs in an attempt to force a tenant out of a rental
New York Landlord-Tenant Law FAQs
Below are answers to some of the most commonly-asked questions when it comes to landlord-tenant laws in New York:
How Long Does a Landlord Have to Fix Something in New York?
In New York, there is not an explicit number of days in the law that says how long a landlord has to make repairs. It’s considered the standard for landlords to fix something with a “reasonable” amount of time. If landlords fail to make repairs within a reasonable amount of time, renters can do a few things such as withholding rent, or eventually go to court and sue them. However, landlords have to follow the warranty of habitability which means the rental has to be safe and livable – for example, if the heat was broken or the water turned off the landlord needs to fix these issues so the unit remains habitable.
Can a Landlord Require Renters Insurance in New York?
New York law does not specifically state landlords can require renters insurance, but it does say property owners are required to have insurance on the house or building, but that doesn’t cover a renter’s personal property. Because of this, many will require in their lease agreements that tenants get renter’s insurance.
How Much Notice Does a Landlord Have to Give to Enter a Rental Property in New York?
Landlords need to give reasonable notice before entering a property – usually around 24 hours. They should also only enter a reasonable time like between working hours to maintain a tenant’s privacy.
Due Diligence and Landlord-Tenant Laws in New York
TurboTenant has utilized many municipal sources along with official state statutes in order to compile this information to the best of our ability. However, local laws are always in flux and landlords and tenants alike should be sure to do their due diligence and consult legal help when it’s needed. We hope the following list can serve as a valuable resource and allow you to succeed as a tenant or landlord in New York. Be sure to take proper precautions when it comes to finding the top candidates for your unit by utilizing our online rental application and tenant screening services.
Disclaimer: TurboTenant, Inc does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.
New York Landlord-Tenant Law Resources
- Fair Housing Justice Center
- New York Attorney General: Fair Housing
- New York City Fair Housing
- HUD Tenant Rights, Laws and Protections: New York
Other State Resources
City-Specific Housing Resources
New York City
- United Tenant’s of Albany – Tenant Information
- City of Albany Tenant’s Rights
- City of Albany Code Enforcement
Federal Fair Housing Resources
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