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New York residential lease agreement
As of October 26, 2026, New York caps most security deposits at one month’s rent, due back within 14 days of move-out; non-renewal notice is 30, 60 or 90 days by length of stay.1,2
The New York Attorney General explains that leases for apartments that are not rent stabilized may be oral or written, and that a party must sign the lease to be bound by its terms.1
Preview of the document
Residential Lease Agreement
State of New York
1. Parties and property
This Residential Lease Agreement (the “Lease”) is made on Date between Landlord (the “Landlord”) and Tenant (the “Tenant”). The Landlord rents to the Tenant the home at Address (the “Property”).
2. Term
This Lease begins on Start date and ends on End date (the “Term”).
3. Rent
4. Security deposit
5. Utilities and services
6. Use of the Property
7. Pets
8. Smoking
9. Maintenance and repairs
10. Entry by the Landlord
11. Assignment and subletting
12. Moving out
13. Default
14. Notices
15. General terms
16. Signatures
Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.
New York’s rules, with sources
- State form
- According to the New York Attorney General, a lease should at least identify the premises, the parties’ names and addresses, the rent and due dates, the length of the rental, the conditions of occupancy and both sides’ rights and obligations.1
- New York requires a lease to use words with common, everyday meanings, with captioned sections and print large enough to read easily, under General Obligations Law § 5-702 and CPLR § 4544.1
- A New York rent stabilized tenant must also receive a rent stabilization lease rider prepared by the state housing agency DHCR, explaining the tenant’s rights and how the rent was calculated.1
- Signing
- The New York Attorney General explains that leases for apartments that are not rent stabilized may be oral or written, and that a party must sign the lease to be bound by its terms.1
- The New York Attorney General advises that any change to a lease be initialed by both landlord and tenant.1
- A New York City rent stabilized tenant is entitled to a fully executed copy of the signed lease within 30 days after the landlord receives the lease signed by the tenant.1
- Deadlines
- Under New York General Obligations Law § 7-108, the landlord has 14 days after the tenant moves out to return the deposit with an itemized statement of any amount kept.2
- A New York landlord who misses the 14-day statement and refund loses any right to keep part of the deposit.2
- A New York landlord of an unregulated apartment must give 90 days’ advance written notice before raising the rent or not renewing when the tenant has lived there two or more years or has a two-year lease.1
- For a New York tenant in place more than one year but less than two, the landlord’s advance notice before a rent increase or non-renewal is 60 days.1
- For a New York tenancy or lease of less than one year, the landlord must give 30 days’ advance notice before raising the rent or not renewing.1
- Outside New York City, a month-to-month tenant must give one month’s notice to end the tenancy.1
- When a New York lease renews automatically, the landlord must remind the tenant of that clause 15 to 30 days before the tenant’s deadline to say the lease will not be renewed.1
- Taxes and fees
- In New York, rent counts as late only when received more than five days after the due date, and the late fee is capped at $50 or 5 percent of the monthly rent, whichever is less.1
- Before a New York lease is signed, the most a landlord can charge an applicant for a credit and background check is $20.1
- Law
- New York General Obligations Law § 7-108 limits a security deposit or advance to one month’s rent, apart from seasonal rentals and owner-occupied cooperative apartments.2
- Under New York General Obligations Law § 5-701, an oral lease for more than one year cannot be enforced.1
- If a New York lease lets the landlord recover attorney’s fees, the tenant automatically has the same right, under Real Property Law § 234.1
Questions about a New York lease
Does a New York lease have to be written and signed?
Outside rent stabilization a lease can be oral, but an oral lease for more than one year cannot be enforced, and a party is bound only after signing. The Attorney General suggests putting the agreement in writing and having both sides initial any change.
In New York City, a rent stabilized tenant gets back a fully signed copy within 30 days after the landlord receives the tenant’s signed lease.1
What does a New York lease need to say?
The premises, the names and addresses of the parties, the rent and due dates, the term, the conditions of occupancy and each side’s rights and obligations, in plain words with captioned sections and readable print.
Some clauses are not allowed at all, such as waiving the warranty of habitability or exempting the landlord from liability for negligence. Rent stabilized apartments add the DHCR lease rider.1
How large can a New York deposit be, and when must it come back?
No more than one month’s rent in most rentals, so a landlord cannot collect both a deposit and the last month’s rent. Deposits are trust money that cannot be mixed with the landlord’s own funds.
For units that are not rent stabilized or rent controlled, the landlord has 14 days after move-out to return the deposit with an itemized statement of deductions; missing that deadline forfeits the right to keep any of it.1,2
How much notice does a New York landlord give before not renewing?
For an unregulated apartment, it depends on how long the tenant has been there: 30 days under one year, 60 days between one and two years, and 90 days at two years or more or on a two-year lease. The same notice applies to a rent increase of more than 5 percent.
A month-to-month tenancy can be ended by either side; outside New York City, the tenant gives one month’s notice.1
What can a New York landlord charge besides rent?
A late fee only after rent is more than five days late, and no more than $50 or 5 percent of the monthly rent, whichever is less, under Real Property Law § 238-a.
Before the lease is signed, up to $20 for a credit and background check, with a copy of the report and the invoice given to the applicant.1
What to have at hand
- Property address and what is included (parking, storage, appliances)
- Start date, end date or month-to-month term
- Monthly rent, due date and security deposit amount
- Rules on pets, smoking, repairs and utilities
It is not a roommate agreement between tenants, and it is not a commercial lease for a store or office.
Frequently asked questions
Which lease clauses are not allowed in New York?
The Attorney General lists, among others, clauses that exempt the landlord from liability for negligence, waive the tenant’s right to a jury trial in injury or property damage suits, waive the warranty of habitability, or release the landlord from mitigating damages when a tenant leaves early.1
Where this information comes from
New York’s rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- Residential Tenants’ Rights Guide (New York Attorney General) Open the official page (opens in a new tab) ↩
- New York General Obligations Law Section 7-108, Deposits made by tenants of non-rent stabilized dwelling units Open the official page (opens in a new tab) ↩
Something changed? Tell us what is out of date and we will check the official page again.