New York Month-to-Month Lease Agreement

Required Landlord Disclosures (7)

New York state law requires landlords to disclose certain information to tenants about the unit, whether a month-to-month or fixed-term lease. These disclosures include:

1. Lead paint: Per federal law, landlords who manage units built prior to 1978 must disclose the presence or knowledge of any lead-based paint or lead-based paint hazards.

2. Bed bugs: New York City requires landlords to inform tenants regarding the building’s history of bed bugs during the previous calendar year (New York City Administrative Code § 27-2018.1).

3. Sprinklers: New York landlords must inform tenants if a sprinkler system exists in the unit and, if so, when it was last inspected and maintained (NY RPP § 231-A).

4. Security deposit receipt: When collecting a security deposit, landlords in New York must provide a collection receipt, including the amount and the name and address of the bank holding the funds (NY GOB Code § 7-103(2)).

5. Reasonable modifications and adjustments: Landlords must provide tenants with a disclosure explaining their right to request reasonable modifications to the unit in cases of disability within 30 days of move-in (NY EXC Code § 170-d).

6. Rent stabilization: Property owners must inform tenants whether the unit they’re renting is subject to rent control or stabilization laws (New York City Administrative Code § 26-512).

7. Certification of occupancy: For buildings with fewer than three units, landlords must notify the tenants that the unit is up to code and is fit for legal occupation (NY RPP Code § 235-bb).

Required Notice to Terminate Month-to-Month Agreement

Since a New York month-to-month lease agreement doesn’t have a specific end date, each state establishes the proper way to terminate this kind of lease.

Required notice for landlord: Outside New York City, landlords must give at least one month’s notice of the intent to terminate. Within New York City, landlords must provide at least 30 days’ notice.

Required notice for tenant: The same is true for tenants who wish to terminate a month-to-month lease. Within New York City, 30 days’ notice is required, and one month’s notice for outside the city (NY RPP Code § 232-B).

Rent Increase Laws

While no set rent control laws exist for the entire state, many local governments and counties, including New York City, have passed them. The rules in New York can be a little complicated, so it’s a wise idea to check with your local government before enacting any increase.

For instance, New York landlords can only increase the rent by 2.75% for a lease that begins on or after October 1, 2024, and on or before September 30, 2025.

Advance notice must also be provided to the tenant when the landlord intends to raise the rent. If the landlord intends to raise the rent by 5% or more, they must provide the following notice:

• For tenants of 1 year or less: 30 days
• For tenants of more than 1 year but less than 2: 60 days
• For tenants of more than 2 years: 90 days

Rent Payment Laws

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

Late rent fees: New York late fees are capped at $50 or 5% of the monthly rent, whichever is less (NY RPP Code § 238-A(2)).

Tenant’s right to withhold rent: Tenants may withhold rent when the landlord fails to provide necessary maintenance or a utility for which they are responsible. Tenants may pay the utility themselves or for the cost of the repair and deduct the amount from a future rent payment (NY RPP Code § 235-A(1)).

Pet rent laws: New York landlords can charge additional monthly pet fees if that information is in the rental agreement.

Security Deposit Rules

Maximum security deposit: New York sets the maximum allowable limit for security deposits at one month’s rent (NY GOB Code § 7-108(1a)).

Security deposit receipt: New York landlords must give the tenant a receipt for the security deposit that lists the amount collected and the location of where it’s held (NY GOB Code § 7-103(2)).

Interest: In New York, landlords must keep security deposits in an interest-bearing account and pay the tenant the entire annual interest minus 1% (NY GOL Code § 7-103(2-a)).

Deduction tracking: If the landlord intends to withhold funds from the security deposit when a tenant moves out to handle cleaning or repairs, the landlord must give the tenant an itemized list of the deductions within 14 days (NY GOL Code § 7-108(1b)).

Returning a tenant’s security deposit: The security deposit must be returned within 14 days of the tenant’s departure from the property (NY GOB Code § 7-108(1e)).

Pet deposit rules: New York landlords are allowed to charge a pet deposit as long as the total, plus the regular security deposit, still does not exceed one month’s rent.

Property Access Regulations

Advance Notice: While no state laws explain how much notice landlords must give a tenant before entering the unit, the notice must be “reasonable.” We recommend at least 24 hours.

Immediate access: Landlords in New York can enter a property without providing notice in cases of emergency.

Landlord harassment: Landlords who repeatedly enter a tenant’s unit without cause can be subject to landlord harassment claims. Tenants may be able to recover damages in these situations and potentially cancel the lease agreement without additional notice (NY RPP Code § 235-D).

Rental Agreement Violations

Missed rent payment: When a tenant is late on rent past the required grace period, the landlord can send the tenant a 14-day notice to pay or quit (NY RP Acts § 711(2)).

Lease violation: In lease violation cases, the landlord must first deliver a Notice to Cure, giving the tenant 10 days to correct the problem. If the tenant doesn’t cure the violation, the landlord can terminate the tenancy, giving the tenant 30 days to move out (NY RO Acts §§ 711, 753(4)).

Self-help evictions: According to state law, New York landlords should never attempt self-help evictions by removing a tenant on their own. They are illegal (NY RPP Code §§ 235 and 853).

Lease abandonment: Tenants that end a lease early without providing proper cause could be responsible for the remaining rent on the lease term (for fixed-term leases) or other legal or financial penalties.