Know Your Tenant Rights - Guides & Resources for New York

New York Landlord-Tenant FAQs

1. How long does a landlord have to return a security deposit in New York?

Quick Answer: New York landlords must return your security deposit within 14 days after you move out. They must also give you a written list showing any money taken out and why.

What the Law Says About Security Deposit Return Time

When you move out of your apartment in New York, your landlord has 14 days to do two things:

  1. Return the money left from your security deposit

  2. Give you a written list explaining any deductions

What Happens If Your Landlord Misses the 14-Day Deadline

If your landlord does not send you the deposit and the written list within 14 days, they lose the right to keep any of your money. This means you can get your full deposit back, even if there was damage.

What Landlords Can Take Money For

Your landlord can only take money from your deposit for these reasons:

  • Unpaid rent you owe

  • Damage you caused (not normal wear and tear)

  • Utility bills you did not pay

  • Costs to move and store your belongings

What Counts as Normal Wear and Tear

Landlords cannot charge you for normal wear and tear. This includes:

  • Small scratches on walls or floors from daily living

  • Carpets that look worn in areas people walk often

  • Appliances that work but look older

Your Rights If the Landlord Breaks the Rules

If your landlord breaks the security deposit law on purpose, a judge can order them to pay you up to twice your deposit amount.

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2. What can a landlord legally deduct from a tenant's security deposit in New York?

Quick Answer: Landlords can only take money from your security deposit for unpaid rent, damage you caused (not normal wear), unpaid utilities, and moving costs. They cannot charge you for normal wear and tear or damage that was already there.

Legal Reasons to Deduct Money From Security Deposits

New York law says landlords can only take money from your deposit for these four things:

  1. Rent you did not pay

  2. Damage you caused that goes beyond normal wear and tear

  3. Utility bills you owe to the landlord

  4. Costs to move and store your belongings if you left them

Understanding Normal Wear and Tear

Normal wear and tear means damage that happens from regular use over time. Landlords must pay for this themselves.

Examples of Normal Wear and Tear:

  • Paint that fades or gets small marks

  • Floors that get scratched from walking

  • Carpets that look worn in hallways

  • Appliances that work but are older

Examples of Damage You Must Pay For:

  • Large holes in walls

  • Broken windows or doors

  • Carpet stains or burns

  • Broken appliances

The Move-In Inspection Rule

Before you move in, your landlord must offer to walk through the apartment with you. You both should write down any existing damage or problems. Your landlord cannot charge you later for anything you wrote down during this inspection.

Who Must Prove the Damage

If there is a disagreement about security deposit deductions, the landlord must prove the charges were fair. You do not have to prove they were wrong.

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3. What types of eviction notices can landlords use in New York?

Quick Answer: The type of eviction notice depends on the reason. Landlords use a 14-day notice for unpaid rent, a notice to cure for lease violations, and 30-90 day notices to end month-to-month rentals. All notices must be in writing.

Eviction Notice for Unpaid Rent

Notice Type: 14-Day Notice to Pay Rent or Quit

This notice tells you that you have 14 days to do one of two things:

  1. Pay all the rent you owe, or

  2. Move out of the apartment

If you pay the full amount within 14 days, your landlord cannot evict you for this unpaid rent.

Eviction Notice for Breaking Your Lease

Notice Type: Notice to Cure and Notice of Termination

If you break a rule in your lease, your landlord must give you two notices:

First Notice - Notice to Cure:

  • Tells you what rule you broke

  • Gives you time to fix the problem

  • Usually 10 days for rent-controlled apartments

Second Notice - Notice of Termination:

  • Only sent if you do not fix the problem

  • Tells you the landlord will start eviction court proceedings

Eviction Notice to End Month-to-Month Rentals

Notice Type: 30, 60, or 90-Day Notice

If you rent month-to-month without a lease, your landlord must give you advance notice before ending your rental or raising rent more than 5%. The amount of notice depends on how long you have lived there:

  • 30 days notice if you lived there less than 1 year

  • 60 days notice if you lived there 1 to 2 years

  • 90 days notice if you lived there more than 2 years

New York Good Cause Eviction Law

Starting April 20, 2024, landlords in certain New York cities must have a good reason to evict you or refuse to renew your lease. This law covers tenants in:

  • New York City

  • Albany

  • Ithaca

  • Kingston

  • Poughkeepsie

  • Several other cities

Good reasons under this law include:

  • You did not pay rent

  • You broke important lease rules

  • Your landlord needs the apartment for family

  • The building needs major repairs

Special Notice Rules for Rent-Controlled Apartments

For rent-controlled apartments, landlords must also send a copy of most eviction notices to the NY State Division of Housing and Community Renewal within 48 hours.

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4. How does the eviction process work in New York?

Quick Answer: The New York eviction process has 6 steps: notice, court filing, hearing, judgment, warrant, and physical removal. Only a sheriff or marshal can remove you. The whole process takes 1 to 5 months. Landlords cannot change locks or turn off utilities.

Step 1: Landlord Sends Written Notice

Your landlord must send you a written notice first. The type of notice depends on why they want to evict you:

  • 14 days for unpaid rent

  • Notice to cure for lease violations

  • 30 to 90 days to end month-to-month rentals

Your landlord cannot go to court until this notice period ends.

Step 2: Landlord Files Papers With Court

If you do not move out or fix the problem, your landlord files two documents with the court:

  1. Notice of Petition (tells you the court date)

  2. Petition (explains why they want to evict you)

Someone other than your landlord must give you these papers at least 10 days before court, but not more than 17 days before.

Step 3: First Court Hearing

At your first court date, you have important rights:

You Can Ask for More Time: Tell the judge you need an adjournment. The judge must give you at least 14 more days to prepare.

You Can Present Your Side: You can explain why you should not be evicted. Good reasons include:

  • Your landlord did not keep the apartment safe

  • Your landlord is trying to get back at you for complaining

  • You already paid the rent

  • The apartment has serious problems

You Can Reach an Agreement: You and your landlord can make a deal to avoid eviction.

Step 4: Judge Makes a Decision

After hearing both sides, the judge decides:

If You Win: The case is dismissed and you can stay in your apartment.

If Your Landlord Wins: The judge gives your landlord a judgment. For unpaid rent, you can still stay if you pay all the money you owe plus court costs.

Step 5: Warrant of Eviction

If you do not move out after losing in court, your landlord gets a warrant of eviction. A marshal, sheriff, or constable must give you a Notice of Eviction at least 14 days before they can remove you.

Step 6: Physical Removal

Only a marshal, sheriff, or constable can physically remove you from your apartment. They must:

  • Come between 8:00 AM and 5:00 PM

  • Only come on weekdays (Monday through Friday)

  • Make a list of all your belongings

  • Store your belongings properly

How Long Does Eviction Take in New York?

The complete eviction process usually takes 1 to 5 months from the first notice to physical removal. The time depends on:

  • How busy the court is

  • Whether you contest the eviction

  • What type of eviction it is

What Your Landlord Cannot Do

New York law makes it illegal for landlords to evict you without going to court. Your landlord cannot:

  • Change your locks

  • Turn off your heat, water, or electricity

  • Remove your belongings

  • Threaten you or use force

  • Enter your apartment without permission (except emergencies)

These actions are called "self-help eviction" and are against the law. If your landlord does any of these things, call the police and contact a lawyer.

Paying Rent After Losing in Court

For non-payment cases, you can stop the eviction at any time before the marshal removes you by paying:

  • All rent you owe

  • Court costs

  • Legal fees (if the judge ordered them)

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5. Can tenants break a lease early without paying a penalty in New York?

Quick Answer: You can only break a lease without penalty in four situations: joining the military, escaping domestic violence, being a senior or person with a disability who needs special care, or if the apartment becomes unlivable. Otherwise, you must pay rent until the lease ends or your landlord finds a new tenant.

When You Can Legally Break a Lease Without Penalty

New York law protects tenants in specific situations. You will not owe money for the rest of your lease if you qualify for one of these reasons:

Reason 1: Active Military Service

If you join the military after signing your lease, you can end it early.

What You Need to Do:

  1. Give your landlord written notice

  2. Include a copy of your military orders

  3. Wait 30 days after your next rent is due

Example: You pay rent on the 1st of each month. You send notice on March 15th. Your next rent is due April 1st. Your lease ends 30 days later on May 1st.

Who This Covers:

  • Active duty military members

  • Reserve members called to duty

  • National Guard members

  • Public Health Service officers

  • NOAA officers

Reason 2: Domestic Violence

If you or someone in your household is a victim of domestic violence, you can break your lease to stay safe.

What You Need to Do:

  1. Send written notice to your landlord at least 30 days before you want to leave

  2. Explain that you or a household member experienced domestic violence

  3. State that you fear staying in the apartment

  4. Within 25 days, send one of these documents:

    • Order of protection from court

    • Police report about the domestic violence

    • Medical records showing treatment for injuries

    • Letter from a counselor, social worker, or clergy member

Important Details:

  • You must pay rent during the 30-day notice period

  • After the 30 days, you do not owe any more rent

  • Your landlord must keep your information private

Reason 3: Seniors or People With Disabilities

If you are 62 or older, or have a disability, and you cannot live alone safely anymore, you can end your lease early.

Where You Must Be Moving:

  • Nursing home

  • Assisted living facility

  • Senior housing

  • Adult care facility

  • A family member's home (for at least 6 months)

What You Need to Do:

  1. Give your landlord written notice at least 30 days before you want to leave

  2. Include a letter from your doctor saying you cannot live independently for medical reasons

  3. Include proof you were accepted to the new facility or a signed statement from your family member

Example: Your lease ends December 31st, but you need to move to a nursing home on June 1st. If you meet the requirements, you can leave on June 1st without paying rent through December.

Reason 4: Apartment Becomes Unlivable

If your apartment becomes unsafe or unlivable and your landlord will not fix it, you may be able to break your lease.

Problems That May Let You Break Your Lease:

  • No heat in winter

  • No hot water

  • Serious mold problems

  • Dangerous electrical problems

  • Broken locks on doors

  • Major pest infestations

  • No working toilet

What You Need to Do:

  1. Tell your landlord about the problem in writing

  2. Give them time to fix it

  3. Keep copies of all letters, emails, and photos

  4. If they do not fix serious problems, you may be able to leave

Important: The problem must be serious and not your fault. Your landlord must have had a chance to fix it.

Your Landlord Must Try to Rent Your Apartment

Even if you break your lease, New York law says your landlord must try to find a new tenant. This is called the duty to mitigate damages.

How This Helps You: If your landlord finds a new tenant who pays the same or more rent, you do not owe rent after the new tenant moves in.

What Happens If You Break Your Lease Without a Legal Reason

If you break your lease and do not qualify for the protections above, you may owe:

  • Rent for the rest of your lease term

  • The cost to advertise for a new tenant

  • Any difference if the new tenant pays less rent

  • Your landlord's legal costs (if your lease says so)

Your landlord cannot collect rent from both you and a new tenant for the same time period.

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6. Are there limits on rent increases in New York?

Quick Answer: Rent increase limits depend on your apartment type. Rent-stabilized apartments have yearly limits set by the Rent Guidelines Board (2.75% to 5.25% for 2025-2026). Rent-controlled apartments can increase by 7.5% or less. Non-regulated apartments have no limits, but landlords must give 30-90 days notice for increases over 5%.

Rent Increase Limits for Rent-Stabilized Apartments

If you live in a rent-stabilized apartment, your rent can only go up by certain percentages each year.

Who Decides the Limits: The Rent Guidelines Board meets every year and sets maximum increase percentages.

Current Limits (October 1, 2025 to September 30, 2026):

  • 1-year lease renewal: up to 2.75% increase

  • 2-year lease renewal: up to 5.25% increase

Example: Your rent is $2,000 per month. For a 1-year renewal, your landlord can raise it to $2,055 (2.75% increase). For a 2-year renewal, the rent can go to $2,105 (5.25% increase).

Additional Rent Increases Landlords Can Charge

Besides the yearly increases, landlords of rent-stabilized apartments may be able to raise rent for:

Building-Wide Improvements: If your landlord makes major improvements to the whole building (new roof, new boiler), they can raise rent by up to 2% per year. These increases are temporary and removed after 30 years.

Individual Apartment Improvements: If your landlord makes improvements to your specific apartment (new kitchen, new floors), they can raise rent by:

  • 1/180th of the cost in buildings with more than 35 apartments

  • 1/168th of the cost in buildings with 35 or fewer apartments

  • Maximum increase of $83.33 to $89.29 per month

Important Rules:

  • You must give written permission for improvements in an occupied apartment

  • The building cannot have serious safety violations

  • These increases are temporary and removed after 30 years

  • Landlords can only claim three improvement increases in 15 years

What to Do If Your Rent Increase Seems Wrong

If you think your landlord is raising your rent illegally:

  1. Check your apartment type (stabilized, controlled, or non-regulated)

  2. Look at your lease to see what it says about rent increases

  3. Calculate whether the increase follows the rules

  4. Keep all letters and documents from your landlord

  5. Contact NY State Homes and Community Renewal at https://hcr.ny.gov or call (833) 499-0343

  6. Consider talking to a tenant rights lawyer

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Government Resources

1. New York State Attorney General - Residential Tenants' Rights Guide
https://ag.ny.gov/resources/individuals/tenants-homeowners/tenants

Official New York State Attorney General resource explaining landlord-tenant laws, rental agreements, security deposits, repairs, eviction protections, and tenant harassment. Covers rent-regulated apartments, warranty of habitability, subletting rights, and discrimination protections Residential Tenants’ Rights Guide | New York State Attorney General +2. A comprehensive guide to understand your rights and responsibilities under New York State law.

2. New York Courts Self-Help Resources - Housing & Evictions
https://www.nycourts.gov/courthelp/homes/index.shtml

Step-by-step information from the New York State court system on eviction cases. Learn how the eviction process works, how to respond if you receive papers, how to stop an eviction, and where to find legal assistance NY CourtHelpNYCourts. Includes specific resources for evictions both inside and outside New York City.

3. NYC Tenant Resource Portal & State Housing Resources
https://www.nyc.gov/site/hra/help/rental-assistance.page

New York State and City portals connect renters with financial help, rental assistance programs like CityFHEPS, eviction protection programs, and tenant rights resources during housing challenges. The NYC Tenant Resource Portal provides an eviction prevention tool and connects tenants to free legal services, rental assistance, and housing stability resources Rental Assistance +2.

Nonprofit & Advocacy

1. Metropolitan Council on Housing
https://www.metcouncilonhousing.org

New York City's oldest and largest citywide tenants' rights membership organization, founded in 1959. Home - Met Council on Housing +2.

2. Tenants & Neighbors (T&N)
https://tandn.org

Statewide grassroots, member-led organization that empowers and educates tenants, preserves affordable housing and diverse communities, and strengthens tenant protections across New York.

3. Housing Justice for All
https://housingjusticeforall.org

Statewide coalition uniting tenants and homeless New Yorkers in the fight for housing as a human right.

4. The Legal Aid Society
https://legalaidnyc.org
The nation's oldest and largest legal services organization, founded in 1876.

5. New York Legal Assistance Group (NYLAG)
https://nylag.org/tenants-rights

Provides free legal services defending tenants facing eviction, displacement, and homelessness.

6. Housing Court Answers
https://housingcourtanswers.org

Non-profit that educates and empowers pro se litigants (unrepresented tenants and landlords) in NYC Housing Court.

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