RENTER RIGHTS · NEW YORK

Renter rights in New York

One-month deposits returned in 14 days, the warranty of habitability, what rent stabilisation means, and how eviction really works — with the state's own sources.

Last reviewed 15 September 2026.

Deposits and fees

Security deposits are capped at one month's rent for most tenancies, and application fees for background and credit checks are capped at a small statutory amount with a copy of the report provided to you.

You are entitled to a walk-through inspection before moving in and again before moving out, so you can fix anything that would otherwise be deducted.

The itemised statement and remaining deposit must reach you within 14 days of you leaving.

Repairs and habitability

Heat and hot water requirements are enforced by season and temperature in New York City and by health codes elsewhere in the state. No lease clause removes this.

Put repair requests in writing and keep copies. Where repairs are ignored, tenants can complain to the local housing agency, and in some cases pursue a rent reduction through the courts or the state.

Never simply stop paying rent as leverage; keep the money aside and get advice first, because non-payment is the easiest ground for the landlord to bring you to court on.

Rent stabilisation, in short

Roughly a million apartments in New York City, plus units in parts of Nassau, Rockland and Westchester, are rent stabilised — usually buildings of six or more units built before 1974, plus buildings receiving certain tax benefits.

If your apartment is stabilised, increases are limited by the Rent Guidelines Board each year, and you have the right to a lease renewal in nearly all cases.

You can request your apartment's rent history from New York State Homes and Community Renewal to see whether it is stabilised and whether the rent was set legally.

Notice and eviction

Rent increases above 5 percent, non-renewals, and terminations of month-to-month tenancies require advance written notice that grows with how long you have lived there — 30, 60 or 90 days.

Eviction begins with a court petition, not a letter. You will be served, you can appear, and you can raise defences such as failure to repair or improper notice.

Free legal help exists for tenants facing eviction in New York City and in several other counties. Ask the court clerk for the tenant help centre.

Common questions

How much can a New York landlord take as a security deposit?

One month's rent, statewide. Landlords may not demand extra 'last month's rent' on top of a one-month deposit for most residential tenancies.

When do I get my deposit back in New York?

Within 14 days of moving out, with an itemised statement of any deductions. Missing the 14 days can cost the landlord the right to keep any of it.

What is the warranty of habitability?

Every residential lease in New York includes an implied promise that the home is fit to live in — heat, hot water, working plumbing, and free from conditions dangerous to health and safety. It cannot be waived in a lease.

Can my landlord lock me out?

No. Self-help eviction is illegal in New York. Only a court can order an eviction, and only a marshal, sheriff or constable can carry it out.

Official sources

General information, not legal advice. New York City rules can differ from the rest of the state — check the official links above for your address.