New York renter rights: the basics for first-time renters

Last reviewed: October 2026 · First Apartment Kit

New York's renter laws were strengthened in 2019 and again in 2024. Some rules apply statewide, while New York City and other areas add rent stabilization and Good Cause Eviction protections. Here are the statewide basics for first-time renters.

Quick facts

Security deposit max	1 month's rent (no separate "last month's rent" on top)
Deposit returned within	14 days, with an itemized statement of any deductions
Interest on deposit	Yes in buildings with 6+ units (minus a 1% landlord fee)
Late fee cap	$50 or 5% of monthly rent, whichever is less, after 5 days
Rent regulation	Rent stabilization in NYC and some other localities; Good Cause Eviction in NYC and opt-in cities
Notice of increase over 5% or non-renewal	30, 60, or 90 days, depending on how long you've lived there
Month-to-month: landlord notice	30, 60, or 90 days (same tiers); tenant gives 1 month outside NYC
Landlord entry	Reasonable prior notice, at a reasonable time (emergencies excepted)
Unpaid rent notice	14-day written rent demand before going to court
Main repair remedy	Warranty of habitability (rent reduction, DHCR complaint, or court)

Quick facts are simplified. Read the sections below for exceptions, and check your city or county too.

Security deposits

Cap: one month's rent, total. A landlord can't charge both a deposit and "last month's rent." If your rent goes up at renewal, they may ask you to top the deposit up to the new rent.
Your money, held in trust: landlords can't mix deposits with their own money. Buildings with six or more apartments must keep deposits in an interest-bearing New York bank account, tell you the bank and amount in writing, and pay you the interest (minus a 1% fee).
Inspections: you can ask for an inspection before move-in and before move-out, so you have a chance to fix issues.
Return: within 14 days after you move out, the landlord must return the deposit or give you an itemized statement of deductions. If they miss the 14 days, they lose the right to keep any of it.

Rent increases and late fees

For apartments that aren't rent regulated, New York has no statewide cap, but a landlord must give advance written notice to raise rent by more than 5% or to not renew: 30 days if you've lived there under a year, 60 days for one to two years, and 90 days for two years or more (or a two-year lease).

In New York City and some other communities, many older buildings are rent stabilized, with increases set by a rent guidelines board. Under the 2024 Good Cause Eviction Law (in NYC and localities that opt in), covered tenants have a right to renew in most cases, and very large increases can be challenged. Many buildings are exempt, so check yours.

Rent isn't late until five days after it's due, and the late fee can't be more than $50 or 5% of monthly rent, whichever is less.

Ending a month-to-month tenancy

A landlord ending a month-to-month tenancy must give written notice on the same 30/60/90-day timeline as a non-renewal. Outside New York City, a tenant must give one month's notice to end a month-to-month tenancy. In NYC, check your lease and local rules, and always give notice in writing.

When the landlord can come in

New York doesn't set a specific number of hours in statute. The Attorney General says a landlord may enter with reasonable prior notice, at a reasonable time, and with your consent, for repairs, services, or as the lease allows. In an emergency, like a fire or leak, they can enter without notice. If a tenant unreasonably refuses, the landlord can ask a court for access.

Repairs and living conditions

Every New York lease, written or oral, includes a warranty of habitability — the right to a livable, safe, and sanitary home. Examples of violations include no heat or hot water, or an insect infestation. Landlords of apartment buildings must also keep systems and landlord-supplied appliances working.

Tell the landlord in writing. Rent-regulated tenants can file a complaint with the state housing agency (DHCR) 10 to 60 days after notifying the landlord. Tenants can also withhold rent, but the landlord may then sue for nonpayment and you'd raise the conditions as a defense or counterclaim for a rent reduction. Get advice before withholding. Local code enforcement (in NYC, call 311) can inspect.

Write it all down from day one. The 12-page First Apartment Move-In Kit has a first-week timeline, lease and building facts, a utilities board, room-by-room unpacking, and a first-month money sheet — so your lease facts, notice dates, and move-in notes live in one place. $9.99 on Etsy. Undated.

Get the kit — $9.99 on Etsy

Eviction basics

Unpaid rent: the landlord must first give you a 14-day written rent demand before going to court.
Court only: illegal lockouts and other forcible evictions can bring criminal and civil penalties, and you can recover triple damages and may be restored to the apartment.
Get a lawyer: New York City guarantees free lawyers for many tenants in housing court, and other areas have legal services programs.

Retaliation and discrimination

It's illegal to retaliate against tenants for joining tenant organizations or for good-faith complaints about health, safety, or repairs. If a landlord tries to evict you within one year of such a complaint, the law presumes retaliation and the landlord must prove otherwise.

New York's Human Rights Law adds many protected categories beyond federal law, including lawful source of income (such as vouchers), age, marital status, sexual orientation, gender identity, military status, and more. Victims of domestic violence can end a lease early with 30 days' notice in certain circumstances.

City and county rules

New York City has extra rules through the Housing Maintenance Code, rent stabilization, and the Right to Counsel program. Other cities may have rent stabilization (through the state's ETPA) or Good Cause Eviction. Check your local housing office.

Move-in checklist for New York renters

☐ Get a written lease and read all of it before signing
☐ Get a receipt for the deposit and any move-in money
☐ Photograph every room, dated, before you unpack
☐ Fill out (or write your own) move-in condition list and keep a copy
☐ Note the rent due date, grace period, and late fee
☐ Write down how to request repairs, and do it in writing
☐ Save the landlord's legal name and address for notices
☐ Put your notice deadline for moving out in your calendar

Still apartment hunting? Our list of questions to ask a landlord before signing a lease covers deposits, fees, repairs, and move-out rules you will want answered in writing.

Where to get help in New York

NY Attorney General — Tenants — complaints about deposits, lockouts, harassment; phone 800-771-7755.
NYS Homes and Community Renewal (DHCR) — rent stabilization questions and complaints.
NYS Division of Human Rights — housing discrimination complaints.
Find free legal aid near you — the federal Legal Services Corporation's directory of local legal aid offices.
File a housing discrimination complaint with HUD — the federal fair housing agency.

More help

Nonprofit and legal aid resources (not government sources):

LawHelpNY — find free legal help across New York.

Official sources

These are the official state law and government pages we checked for every fact on this page. The law itself controls if anything here differs.

Not legal advice; laws change and cities may add rules. Check the official sources below or a local legal aid office. This page is a plain-language summary written by First Apartment Kit, not the law itself. Last reviewed: October 2026.

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