New York Rental Laws for Tenants – 2026

Understanding your rights and responsibilities as a tenant in New York is crucial for renting safely and avoiding legal issues. This guide explains the key rental laws and protections for tenants in New York City and the state.

1. Lease Agreements

In New York, leases can be written or verbal, but a written lease is recommended to protect both tenant and landlord. Key points include:

• Lease duration (month-to-month, 6 months, 1 year, or longer)
• Rent amount and due date
• Security deposit and its terms
• Responsibilities for utilities, maintenance, and repairs
• Rules regarding subletting or roommates

2. Rent Regulations

Some apartments in NYC are rent-stabilized or rent-controlled, which affects how much rent can be increased each year. Key points:

• Rent-stabilized apartments: rent increases are regulated annually by the Rent Guidelines Board
• Rent-controlled apartments: very few exist, but rent is tightly regulated and succession rights may apply
• Landlords must provide written notice of rent increases

3. Security Deposits

• Maximum deposit: usually 1 month’s rent for most apartments
• Must be returned within a reasonable time after the tenant moves out (usually 14–30 days)
• Landlords must provide an itemized list of deductions for damages

4. Tenant Rights

• Right to a safe and habitable living space
• Protection against illegal eviction (requires proper notice and court process)
• Right to privacy and notice before landlord entry (usually 24 hours)
• Protection from discrimination based on race, gender, religion, nationality, disability, or family status

5. Repairs and Maintenance

Landlords must maintain apartments in good condition. Tenants can:

• Request repairs for essential services (heat, water, electricity, plumbing)
• Report violations to 311 or the NYC Housing Preservation & Development (HPD)
• Withhold rent in certain cases of serious habitability issues (consult legal advice first)

6. Eviction Laws

Eviction requires legal procedures. Landlords cannot:

• Lock tenants out without a court order
• Shut off utilities to force tenants to leave
• Harass tenants to vacate the property

Tenants can contest eviction in housing court and may have additional protections under rent stabilization laws.

7. Subletting Rules

Tenants in NYC have the right to sublet with landlord permission. Key points:

• Landlord cannot unreasonably deny sublet requests
• Subtenant cannot pay more than legal rent (if rent-stabilized)
• Written sublet agreement is recommended

8. Moving Out

• Provide proper written notice (usually 30 days for month-to-month leases)
• Leave the apartment in good condition to recover security deposit
• Provide forwarding address for deposit and final bills

Understanding your rights under New York rental laws helps protect your finances and safety. Always read your lease carefully, communicate with your landlord, and consult local tenant resources if needed.