Below you’ll find answers to some of the most frequently asked questions about New York Landlord Tenant laws. We are not intending to provide legal advice, instead, point you in the right direction! You can review changes to New York renting laws here.
What is the new rent law in New York?
On June 14th, 2019, NY Governor Cuomo signed the Housing Stability and Tenant Protection Act of 2019, altering the previous residential landlord-tenant law in New York. The enacts various changes that benefit tenants, including caps on security deposits, rights to a receipt, and protections in case of eviction.
Can a landlord enter property without permission in New York?
For New York landlord tenant laws, a landlord must provide reasonable notice before entering a rental property for non-emergency purposes. While New York law does not specifically state what a reasonable amount of time is, the New York Attorney General’s office has decided that one week for repairs and 24 hours for inspections is considered reasonable.
In the case of an emergency, a landlord can enter the property without the tenant’s permission.
How long does a landlord have to fix something in New York?
There is no New York law stating how long a landlord has to repair something. However, if a landlord does not make repairs in a timely fashion, tenants are allowed to pursue legal action.
More reading: New York Real Property Law Section 235-B
How much notice does a landlord have to give a tenant to move out in NY?
If a landlord wishes to terminate a lease before it is over, the amount of notice they must provide depends on the length of the lease as well as the amount of time the tenant has been in the rental unit.
If tenants have lived in the unit for less than one year and have a lease of less than one year, the landlord must provide at least 30 days’ notice. If the tenant has occupied the unit for 1-2 years or has a lease term of 1-2 years, the landlord must provide at least 60 days’ notice. If a tenant has occupied the unit for at least two years or has a lease of at least two years, the landlord must provide 90 days’ notice.
More reading: New York Real Property Law Section 226-C
What is a landlord required to disclose?
A landlord must disclose whether they have obtained any required certificate of occupancy before signing a lease agreement.
For leases longer than 12 months, landlords must provide a lease agreement that discloses the dates of the lease term, rent amount, rent due date, who is responsible for utility costs, and penalties for late payments. Additionally, the landlord must disclose any landlord and tenant responsibilities.
More reading: New York Real Property Law Section 235-BB
What are landlords’ responsibilities with security deposits in New York?
A landlord does not have to collect a security deposit in New York, but the maximum amount they may collect is a sum equal to one month’s rent. The maximum amount also applies to security deposits in NYC.
A tenant has the right to request an inspection before they move out as well as the right to be present at this inspection. After this inspection, the landlord must tell the tenant what needs fixed/cleaned and give them the opportunity to remedy the problem(s). If a landlord wishes to keep a portion of the security deposit for existing damages, they must provide the tenant with a receipt. Landlords may take money out for damages beyond normal wear and tear.
A landlord must return the tenant’s security deposit within 14 days of the tenant moving out.
Can you get out of a lease if you have bed bugs?
While bed bugs can be a just reason to break a lease, tenants must prove the bed bugs were severely interfering with their health and safety.
More reading: New York Real Property Law Section 227
Is the landlord responsible for bed bug extermination?
In New York City, a landlord is responsible for bed bug extermination. These pests are considered a Class B violation, indicating they are harmful to human health. As such, landlords have 30 days to exterminate bed bugs. If a landlord refuses to take action, the tenant may call 311 to file a complaint with Housing Preservation and Development.
New York state law does not mention bed bugs specifically. However, New York landlord-tenant laws require that landlords keep rental units safe and healthy. Additionally, past court cases have decided that landlords are responsible for bed bug extermination.
Is New York landlord-friendly?
While New York used to be considered landlord-friendly, recent changes have made it a tenant-friendly state. Some laws that favor tenants include required notice of rent increase, protections from eviction, and the abolishment of renter blacklists.
More reading: Changes in New York State Rent Law
Read more of our state landlord tenant law guides here.
Note: This content is not intended to substitute, replace, or be construed as professional legal advice. It is for referential purposes only and not meant to replace the advice of your legal counsel, legal representation, and or lawyer. Please consult your professional legal representation or lawyer to be sure your lease is compliant with any state and/or federal laws.