Key Takeaways
- New York landlords must provide key disclosures before move-in, like lead paint info, deposit location, and fire safety notices.
- Tenants are entitled to safe, livable homes and should be given proper notice for rent increases or when the landlord needs to enter.
- Landlords can collect a one-month security deposit but must follow specific rules for holding and returning it.
- Knowing the basics of NY landlord-tenant law helps create clear expectations, protect your investment, and build better tenant relationships.
To be a successful landlord, it’s important to first understand the housing laws that apply across the state. And, in New York, that means familiarizing yourself with the NY Real Property Law § 220- 238A.
It defines what each party can and cannot do after establishing a lease. For instance, when it comes to things like security deposits, eviction proceedings, lease termination, landlord entry, and rent stabilization rules. In today’s guide, the team at Yourway Properties, Inc. will teach landlords all the key basics of the New York landlord-tenant law for a smooth and successful landlording experience.
Required Landlord Disclosures in New York
Before tenants move in, you need to provide them with key information related to the rental.
- Whether lead-based paint is present in the housing unit, and if the building was constructed before 1978.
- The location of the tenant’s security deposit.
- The right of a tenant to inspect the property before moving in.
- A notice letting tenants know whether the property has a working fire sprinkler system if there are 3 or fewer rental units.
- A notice notifying tenants of a Certificate of Occupancy if the building has three or fewer units.
- A one-year history of bed bug infestation in the unit.
- A disclosure on the landlord’s responsibility to provide a tenant with permanent stove safety knobs that have integrated mechanisms for locking. This is only for landlords renting out multi-family rental units, though.
- Disclosure on whether the unit is subject to the Good Cause Eviction Law or is exempt.
Renters’ Rights & Responsibilities in New York
The following are some of the basic rights that all renters with rental agreements enjoy under the NY landlord-tenant law. A right to:
- Be provided with all the aforementioned disclosures before moving into their New York rented property.
- Be treated fairly regardless of their race, color, nationality, sex, or any of the state’s protected classes.
- Live in a property that meets the state’s basic habitability requirements. Including having hot water.
- Go through a just and fair eviction process if the landlord decides to remove them from their rented premises.
- Landlords cannot retaliate against tenants for using their rights under NY law, such as filing a complaint about harassment.
- Have the security deposit, or whatever portion remains, returned within 14 days after moving out. Any deductions made must also be legitimate and reasonable.
- Terminate a periodic lease after serving the appropriate advance notice.
- Break a fixed-term lease after meeting the early lease termination requirements.
- A reasonable advance notice before a landlord’s entry.
Equally, the New York landlord-tenant law holds tenants to certain responsibilities. They include the following.
- Keeping the unit clean and sanitary.
- Handling minor repairs and upkeep as outlined in the lease.
- Promptly informing the landlord whenever there is a need for repair or maintenance on the property.
- Using the provided fixtures and appliances reasonably and for their intended purposes.
- Maintaining the peace of the neighborhood.
- Meeting the early lease termination requirements before breaking a fixed-term lease.
- Abiding by all terms of the lease, including prompt payment of rent.
New York Landlord Rights & Responsibilities
Landlords in New York enjoy the following rights after establishing a lease with a tenant.
- Start the eviction process if a tenant breaks the lease, like by not paying rent.
- Draft a lease and require tenants to abide by all its terms.
- Collect a security deposit equal to one month’s rent and make a legitimate deduction after the tenant moves out.
- Terminate a periodic tenancy after serving proper advance notice.
- Require a tenant to pay all rent due under the lease after they break it unjustifiably.
- Enter a rented property after serving a proper advance notice.
- Collect a late fee whenever a tenant pays rent late.
As for the responsibilities landlords have in New York, they include the following.
- Make sure tenants receive the required information before they take possession of the rental.
- Allow a 5-day grace period for rent payments before applying a late fee.
- Provide a tenant with a reasonable notice before entering for responsibilities such as repairs and inspections.
- Treat tenants fairly as required by the Fair Housing Act in New York.
- An advance notice before a rent increase.
- An advance notice is required before a landlord can terminate a periodic tenancy agreement.
- Hold tenants’ security deposits according to the New York security deposit rules.
- Not retaliate against a tenant who has exercised a legal right that’s enshrined under state or local housing laws.
- Follow the proper eviction process when removing a tenant from their rented premises.
An Overview of the Landlord-Tenant Laws in New York
Renters’ Rights for Repairs
One of the key responsibilities landlords have in New York is making necessary repairs promptly. If you fail to do so, the tenant can file a lawsuit against you in court. They can also terminate their lease early, among other legal rights.
Tenant Evictions
Landlords can evict tenants for certain reasons. In New York, they include: nonpayment of rent, lease violation, and illegal acts. You must ensure that you follow the due process of the law from start to finish
Security Deposits
Landlords can collect security deposits from tenants. However, this right carries with it certain responsibilities. In New York, these responsibilities include the following:
- Following the state rule that limits the deposit to one month’s rent.
- Holding the tenant’s deposit per the state’s requirements. For instance, state law requires that deposits for buildings with at least 6 units be held in an interest-bearing account.
- Return the deposit, less reasonable deductions, within 14 days after the tenant moves out.
Conclusion
Now you are familiar with the New York landlord-tenant laws. This is a key recipe for a solid landlord-tenant relationship and an overall smooth landlording experience. If you have a question or need expert help in any aspect of rental management, an experienced attorney can be a valuable resource, especially when navigating legal matters.
At Yourway Properties, Inc., we’ve been supporting property owners for over 25 years. Whether you are working with an attorney or managing things on your own, our team is here to help guide you every step of the way. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.