Landlord rights in New York

Collecting rent

A landlord who has delivered a livable dwelling and honored the lease may expect rent on the date the agreement names. Written leases usually fix the amount, the due date, and how payment may be made. If you raise rent by five percent or more, or you decide not to renew, New York generally requires advance written notice under Real Property Law section 226-c before that change can take effect.

Late charges, when the lease allows them, are capped for most residential tenancies: the lesser of fifty dollars or five percent of the monthly rent. You may pursue unpaid rent in court. You may not lock a tenant out, shut off utilities, or seize belongings because rent is late.

Access to the home

The tenant has exclusive possession during the tenancy. You still have a right to enter for needed repairs, inspections required by law, and — when the lease allows it — to show the unit to buyers or new renters. Except in a true emergency (fire, burst pipe, gas leak), give reasonable advance notice. Twenty-four hours is a widely accepted benchmark in New York practice; more notice is better when the visit is not urgent.

Repeated unannounced visits, or entries meant to pressure a tenant to leave, can support a harassment or quiet-enjoyment claim. Keep a simple record of when you asked, why you needed access, and when you went in.

Security deposits

For most unregulated New York rentals, you may collect no more than one month’s rent as a security deposit. Hold that money in a New York bank account. Buildings with six or more units generally require an interest-bearing account, with interest belonging to the tenant after a small administrative allowance the statute permits.

When the tenant has moved out and returned the keys, you have fourteen days to send the deposit back or a written, itemized list of lawful deductions (unpaid rent and damage beyond ordinary wear). Miss that window and New York law typically bars you from keeping any of the deposit. Ordinary painting, worn carpet, and the aging of appliances are not “damage.”

A habitable rental

Every residential lease in New York carries an implied warranty of habitability. You must keep the premises fit for people to live in and free of conditions that seriously threaten life, health, or safety — heat and hot water in season, working plumbing, a sound roof, safe electrical service, and freedom from serious infestation. That duty cannot be waived in the lease.

A tenant who can prove a substantial breach may ask a court for a rent abatement or other relief. Local property-maintenance codes in Broome, Tioga, Chemung, Steuben, Allegany, Cattaraugus, Livingston, and neighboring counties add inspection and repair duties on top of the statewide warranty.

Ending a tenancy

If a written lease expires and you want the tenant to leave — or you want a month-to-month occupant to vacate — serve a written notice that meets section 226-c:

• At least 30 days if the tenant has lived there less than one year and does not have a lease of one year or longer.
• At least 60 days if the tenant has lived there at least one year but less than two, or holds a lease of at least one year.
• At least 90 days if the tenant has lived there two years or more, or holds a lease of at least two years.

The same clock applies when you intend to raise rent five percent or more. Count from when the tenant receives the notice, and do not treat a text or hallway conversation as a substitute for the written notice the statute requires.

Fourteen-day rent demand

Before you start a nonpayment eviction case, New York requires a written demand that gives the tenant at least fourteen days to pay the rent claimed or you may file in court. That fourteen-day paper replaced the old three-day demand. Serve it the way the Real Property Actions and Proceedings Law allows. A verbal “pay by Friday or you’re out” does not start a lawful case.

Eviction is a court process

Only a court can order a residential tenant out, and only a sheriff, marshal, or constable may carry out a warrant of eviction. Typical paths are a nonpayment proceeding (rent owed after a proper demand) or a holdover (the tenancy has ended or a substantial lease violation continues). The tenant has a right to answer and be heard. After judgment, there is still a waiting period before enforcement.

City court, village or town justice court, or another local court will hear the case depending on where the property sits. Southern Tier filings are not Housing Court in New York City. Deadlines, service rules, and forms differ by courthouse. An eviction attorney who practices in that county is the right person to draft the papers.

What you may not do

Changing the locks, removing a door, stacking a tenant’s furniture on the porch, or cutting heat, water, or power to force someone out is an unlawful eviction. New York treats many of those acts as crimes as well as civil wrongs. The tenant can seek to be restored to the home and may recover damages.

You also may not punish a tenant for a good-faith complaint to a code officer, a habitability claim, or joining a tenant group. Real Property Law section 223-b treats many adverse moves that follow those acts as retaliation. Fair-housing laws — federal, New York State, and some county or city rules — bar refusals or different terms based on protected traits, including source of income such as a housing voucher.

Choosing tenants and setting rules

You may screen applicants, require a lease, set reasonable occupancy and conduct rules, and refuse applicants who cannot show an ability to pay — as long as you apply the same criteria to everyone and stay inside fair-housing and source-of-income rules. Application and screening charges, when you collect them, must track the actual cost of the check and the limits New York now places on those fees. Give the applicant a copy of any background report you relied on if the statute requires it.

Southern Tier practice

Most apartments listed on STNY Rental Hub are ordinary market rentals, not New York City rent-stabilized units. Village and city codes still matter: rental registries, certificates of occupancy, smoke and carbon-monoxide alarms, lead-paint disclosure on pre-1978 housing, and seasonal heat rules vary by municipality. Keep your own file of the local ordinance and the statewide warranty, and print the companion tenant page when you want occupants to see the same ground rules.