New York Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What New York law says about the clauses that matter most in a residential lease. Data as of 2026-10-18.

Main statute: NY Real Property Law Art. 7 and General Obligations Law § 7-108 (Housing Stability and Tenant Protection Act of 2019) (N.Y. Real Prop. Law §§ 220-238-a; Gen. Oblig. Law § 7-108)

Security deposits

Max: 1 month's rent.
Return deadline days: 14 days
Itemization required: Yes
Interest required: Buildings with 6+ units: interest-bearing account at the prevailing rate; landlord may keep 1% a year as an administrative fee (Gen. Oblig. Law § 7-103). Smaller buildings: held in trust, no interest required.

Source: N.Y. Gen. Oblig. Law §§ 7-103, 7-108

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Late fees

Rule: Late fee only after rent is 5 days late, capped at the lesser of $50 or 5% of monthly rent. Application fees capped at $20 (background/credit check cost).

Source: N.Y. Real Prop. Law § 238-a

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Landlord entry

Notice: No general statewide statute; reasonable notice expected. In NYC, HPD rules require 24 hours' notice for inspections and 1 week for non-emergency repairs (28 RCNY 25-101).

Ending a month-to-month tenancy

Tenant: 1 month
Landlord: 30 days if tenancy under 1 year; 60 days for 1-2 years; 90 days for 2 years or more.

Source: N.Y. Real Prop. Law §§ 226-c, 232-b

Rent increases

Rule: Increases of 5% or more (or non-renewal) need the same 30/60/90-day notice as termination.
Statewide rent control: No statewide cap. Rent stabilization covers many NYC units. Good Cause Eviction (RPL Art. 6-A, 2024) applies in NYC and opt-in localities: increases above the lesser of 10% or CPI + 5% are presumed unreasonable (not a hard cap; many exemptions).

Source: N.Y. Real Prop. Law § 226-c

Repairs & habitability

Rule: Every lease includes a warranty of habitability that cannot be waived.

Source: N.Y. Real Prop. Law § 235-b

Retaliation

Rule: Retaliation for good-faith complaints is prohibited; rebuttable presumption of retaliation for actions within 1 year of the complaint.

Source: N.Y. Real Prop. Law § 223-b

Clauses often unenforceable in New York

Waiver of the warranty of habitability (RPL 235-b)
Deposit above one month's rent (GOL 7-108)
Late fee before day 5 or above $50/5% (RPL 238-a)
Landlord-only attorney-fee clause (made mutual by RPL 234)
Clause exempting the landlord from liability for its own negligence (GOL 5-321)

Notes

NYC has many extra rules (rent stabilization, lead paint, window guards). Good Cause Eviction applies only in NYC and localities that opt in. Since late 2025 the HSTPA deposit rules also cover rent-stabilized units (Ch. 436, Laws of 2025). Retaliation presumption is 1 year (was 6 months before 2019).

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General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.