New York Lease Agreement Laws & Requirements
| Security Deposit Limit | 1 month rent |
| Deposit Return Period | 14 days |
| Late Fee Rules | Max $50 or 5% of monthly rent, whichever is less; only after 5 days late |
| Grace Period | 5 days |
| Notice to Quit (Non-Payment) | 14 days |
| Notice to Quit (Month-to-Month) | 30 days |
| Required Disclosures | lead-paint, landlord-identity, bed-bug-history, sprinkler-system, rent-stabilization-status, stove-knob-covers, window-guard-notice, smoking-policy, air-quality |
| Governing Statute | N.Y. Real Prop. Law §§ 220-238 |
New York-Specific Requirements
New York has specific laws governing lease agreements that differ from other states. Understanding these requirements is essential to creating a legally compliant document.
Our template automatically includes all New York-required provisions, disclosures, and clauses when you select New York as your state in the document builder.
How to Create Your New York Lease Agreement
- 1Click "Create Document"
New York will be pre-selected as your state.
- 2Answer the guided questions
Fill in the details specific to your situation. New York-required fields will be highlighted.
- 3Review and download
Preview your completed New York lease agreement, then download as PDF or Word.
Frequently Asked Questions
New York Lease Agreement Laws Overview
New York has some of the most tenant-protective landlord-tenant laws in the country. Residential tenancies are governed by the New York Real Property Law (RPL), particularly Article 7 (§220 et seq.), the Real Property Actions and Proceedings Law (RPAPL), and the General Obligations Law (GOL). New York City and other municipalities may impose additional regulations, including rent stabilization and rent control.
The Housing Stability and Tenant Protection Act of 2019 (HSTPA) significantly strengthened tenant protections statewide, including reforms to security deposits (capped at 1 month's rent), eviction procedures, and rent regulation. These reforms apply to all residential tenancies in New York, not just rent-regulated apartments.
New York requires extensive disclosures including lead paint, bedbug history, flood zone status, sprinkler system information, and building smoking policy. Landlords with buildings containing 6 or more units must provide a tenant guide published by the New York State Division of Housing and Community Renewal.
| Key Fact | Detail |
|---|---|
| Governing Statute | N.Y. Real Prop. Law §220 et seq.; GOL §7-103 et seq. |
| Security Deposit Limit | 1 month's rent (statewide, per HSTPA 2019) |
| Deposit Return Deadline | 14 days |
| Rent Control | Yes (NYC & select municipalities) |
| Late Fee Cap | $50 or 5% of monthly rent, whichever is less |
| Landlord Entry Notice | Reasonable notice (no statute specifying hours) |
| Lease Required in Writing | Yes, if term exceeds 1 year |
New York Requirements & Disclosures
Required Disclosures
Lead-Based Paint Disclosure
Required for all housing built before 1978. Must provide EPA pamphlet and disclose known lead hazards.
42 U.S.C. §4852d; N.Y. Real Prop. Law §231-a
Bedbug Infestation History
Landlord must disclose bedbug infestation history for the previous year for the building and the specific unit.
N.Y. Real Prop. Law §231-b
Flood Zone Disclosure
Landlord must disclose if the property is located in a designated flood zone.
N.Y. Real Prop. Law §231-c
Sprinkler System Notification
For buildings with sprinkler systems, a notice regarding the sprinkler system and its maintenance must be provided.
N.Y. Real Prop. Law §231-a
Building Smoking Policy
Landlord must disclose the smoking policy for the building, including any designated smoking or non-smoking areas.
N.Y. Real Prop. Law §227-f
Tenant Guide (6+ Unit Buildings)
In buildings with six or more residential units, landlord must provide tenants with a copy of the DHCR Tenant's Rights Guide.
N.Y. Real Prop. Law §235-h
Window Guard Notice
In NYC, landlords must provide annual notice regarding the availability of window guards, especially when children under 10 reside in the unit.
NYC Health Code §131.15
Security Deposit Receipt
Landlord must provide a receipt for any security deposit and disclose the bank and account where it is held.
N.Y. GOL §7-103
Mandatory Clauses
Security Deposit Terms
Must state deposit amount (max 1 month), bank information, and the 14-day return requirement under HSTPA.
Warrant of Habitability
New York implies a warranty of habitability in every residential lease (RPL §235-b). This cannot be waived.
Rent Amount and Payment Terms
Must clearly state monthly rent, due date, acceptable payment methods, and late fee provisions.
Late Fee Limitations
Late fees cannot exceed $50 or 5% of monthly rent, whichever is less, and cannot be charged until rent is 5 days late (HSTPA).
Notice of Rent Stabilization Status
If the unit is rent-stabilized, the lease must include a rider specifying tenant rights under rent stabilization.
Prohibited Clauses
Waiver of Warranty of Habitability
Any clause purporting to waive the implied warranty of habitability is void under N.Y. Real Prop. Law §235-b.
Waiver of Right to Jury Trial
Residential lease provisions requiring tenants to waive their right to a jury trial are void under RPAPL §745.
Excessive Security Deposits
Any clause requiring more than one month's rent as a security deposit is unenforceable under the HSTPA.
Relevant New York Statutes (N.Y. Real Prop. Law / GOL)
| Section | Title | Description |
|---|---|---|
| RPL §220 | Lease Defined | Defines what constitutes a lease or rental agreement under New York law. |
| RPL §226-b | Right to Sublease | Establishes tenant rights regarding subletting, including landlord consent requirements and the process for requesting approval. |
| RPL §227-a | Termination by Senior Citizens | Allows tenants aged 62+ to terminate a lease under certain conditions related to health or housing placement. |
| RPL §235-b | Warranty of Habitability | Implies a warranty in every residential lease that the premises are fit for human habitation and not dangerous to health or safety. |
| RPL §235-e | Rent Deposits | Regulates how landlords must handle and return rent deposits, coordinating with GOL §7-103. |
| GOL §7-103 | Security Deposit Trust Fund | Requires landlords to hold security deposits in trust, in a banking institution, and limits deposits to one month's rent. |
| GOL §7-108 | Security Deposit Provisions (HSTPA) | Sets the one-month cap on deposits, 14-day return deadline, and prohibits landlords from charging certain fees previously common. |
New York Notice Periods
| Action | Required Notice | Statute |
|---|---|---|
| Non-Payment of Rent | 14 days written demand | RPAPL §711(2) |
| Lease Violation (Cure Notice) | 10 days to cure | RPL §235(2) |
| Month-to-Month Termination (< 1 year tenancy) | 30 days | RPL §232-a/b |
| Month-to-Month Termination (1-2 years tenancy) | 60 days | RPL §226-c (HSTPA) |
| Month-to-Month Termination (2+ years tenancy) | 90 days | RPL §226-c (HSTPA) |
| Security Deposit Return | 14 days | GOL §7-108 |
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Legal Disclaimer: This website provides legal information, not legal advice. We are not a law firm. This New York lease agreement template is for informational purposes only. Laws change frequently; consult a licensed attorney in New York for legal guidance.