new york landlord-tenant laws   New York, with its cities that never sleep, is the third most populated state in the good ol’ U.S. of A. It’s also home to the beautiful Niagara Falls State Park, which was the first state park in the United States. Unfortunately, also an extremely tenant-friendly state legally. That makes it extra important to be sure you know not only the state laws, but also your local ones before you invest in rental properties here. Note: Rent stabilized areas may have unique regulations differing from those in this summary.   At a Glance: Late Fees: There are no statutes regarding the specificity of late fees. Security Deposit: No state law regarding the maximum allowable amount but there are laws on use and handling. Returned Payment Fee Limit: It must be written in the lease and cannot be more than $20. Notice to Enter: There are no laws surrounding the need for advance notice, however it is a good practice to do so.   Late Fee/Returned Check Fee: Late Fee: There are no limitations on how much a landlord may charge when a tenant pays the rent late. With that being said, courts have disallowed a late fee when it was considered disproportionate to the rent being charged.
(article continues below)
Free Video Training: Passive Income from Rentals
Returned Payment: The fee for a returned rent payment may not exceed $20. And if the landlord desires to instill this as a fee, it must be written into the lease.   Security Deposits: Security Deposits in New York are governed by N.Y. General Obligations § 7-101 thru 7-108. There is a different requirement for rent stabilized apartments. However, statewide, there is no stated limits on what may be collected as a security deposit. Landlord’s may not accept any amount of money that is considered a non-refundable amount to force performance of the lease. Security deposits must be held at a financial institution located in New York. Rental properties with 6 or more units, must place security deposits in interest bearing accounts with the interest to be paid to the tenant. The landlord is required to provide the tenant with a receipt showing the name and address of the bank, and the amount deposited. After the tenant vacates the premises, the landlord must return the security deposit less any applicable deductions within a reasonable amount of time.   Maintenance: Under New York’s Real Property Law §235-b, the landlord must provide a livable and sanitary apartment. And even when the tenant or the tenant’s invitees cause the home to be uninhabitable, it does not absolve the landlord of the warranty of habitability. However, it will be the tenant’s responsibility to fix the situation.   Right of Entry: There is no law specific to the time period a landlord should provide the tenant to enter for the purposes of making repairs, or showings, but it is suggested that 24 hours is a good time frame.   Notice to End Lease:  Ending a lease is New York is fairly cut and dry. If you have a lease in place with a definitive ending date, no notice is needed (Outside of NYC only). For month to month leases, it is one month notice that is needed or thirty days if you are in NYC.   Eviction: New York state evictions (not New York City), all start with a notice of ten days’ remedy or quit notice. So, if the rent is owed, the tenant either pays, leaves or goes to court. If there is another violation, the tenant also either fixes it, moves or faces court.   Questions? Ask an Attorney! Have questions about Michigan’s landlord-tenant laws?  We have you covered.  Ask in the box below, to have your questions answered by living, flesh-and-blood attorneys!
<div class="justanswer-gadget"><!-- [et_pb_line_break_holder] --><link rel="stylesheet" href="https://components.justanswer.com/css/ja-gadget-ad" /><!-- [et_pb_line_break_holder] --><script type="text/javascript" src="https://components.justanswer.com/js/ja-gadget-ad"></script><!-- [et_pb_line_break_holder] --><script type="text/javascript"><!-- [et_pb_line_break_holder] -->(function(){<!-- [et_pb_line_break_holder] -->require("ja-gadget-ad")(<!-- [et_pb_line_break_holder] -->(function() { var scripts = document.querySelectorAll('script[src="https://components.justanswer.com/js/ja-gadget-ad"]'); return scripts[scripts.length - 1].parentNode })(),<!-- [et_pb_line_break_holder] -->{"classString":"standard","landing":{"withQuestion":{"urlTmpl":"https://www.justanswer.com/gadget-landing.aspx?FID={fid}&question={question}"},"withoutQuestion":{"urlTmpl":"https://www.justanswer.com/new-question/legal"}},"style":{"width":728,"height":250},"headerContainer":{"style":{"width":"100%"}},"inputsContainer":{"style":{"width":"100%"}},"bottomContainer":{"style":{"width":"100%"}},"content":{"headline":{"text":"Ask a Landlord/Tenant Lawyer Online","style":{"width":"100%"}},"byLine":{"text":"The most affordable way to talk 1:1 to a Lawyer in minutes!","style":{"width":"100%"}},"textarea":{"placeholder":"9 Lawyers are Online Now! Type your question here...","style":{"height":77,"padding":5}},"forums":{"list":[{"id":"7121","name":"Landlord/Tenant Law (or select specialty below)","selected":true},{"id":"7","name":"General Law","selected":false},{"id":"83","name":"Bankruptcy Law","selected":false},{"id":"58","name":"Business Law","selected":false},{"id":"40","name":"Criminal Law","selected":false},{"id":"39","name":"Employment Law","selected":false},{"id":"52","name":"Real Estate Law","selected":false},{"id":"37","name":"Family Law","selected":false},{"id":"38","name":"Immigration Law","selected":false},{"id":"73","name":"Estate Law","selected":false}],"style":{"height":25}},"topLogo":{"url":"https://ww2-secure.justanswer.com/static/gadget-editor/img/powered_by.png","style":{"display":"none"}},"logo":{"url":"https://ww2-secure.justanswer.com/static/gadget-editor/img/powered_by.png","style":{"width":80,"margin-top":17}},"button":{"text":"Get an Answer >","style":{"float":"right","margin-left":0,"padding-left":5,"padding-right":5,"height":38}}},"trackingPixels":{"impressionUrl":"https://trk.justanswer.com/aff_i?offer_id=2&aff_id=4799","transitionUrl":"https://trk.justanswer.com/aff_c?offer_id=2&aff_id=4799"}}<!-- [et_pb_line_break_holder] -->);<!-- [et_pb_line_break_holder] -->})();<!-- [et_pb_line_break_holder] --></script><!-- [et_pb_line_break_holder] --></div><img src="https://trk.justanswer.com/aff_i?offer_id=2&aff_id=4799&file_id=1422" width="1" height="1" />
DISCLAIMER: Wellspring Financial LLC DBA SparkRental.com is for informational purposes only! Any information, legal or otherwise is provided “as is” without any representations, truth, accuracy, exactness or warranties, expressed or implied. Any data, form, or information provided shall NOT be construed or taken to be legal advice. You must NOT rely on any data, form, or information on this website as an alternative to obtaining sound, legal advice from a licensed or professional legal service provider.    

I want to know more about:

Automate Your Rents

Collect rent by credit card or bank transfer, with one-click income & expense reports, and instant late rent notices.

FREE for landlords 😎

Want to create passive income?

 

We’ll email a series of videos in our free course,

to help you start earning income from rentals.

[mc4wp_form id=”501″]

Privacy Policy: Your info will never be shared or sold to a 3rd party. Even if Dr. Evil offers us 1 million dollars 🙂

Rental ROI Ebook

Want to earn more from your rentals?

 

Download our free Ultimate Guide to Higher ROI and be dazzled by the charming wit, disarming frogs and invaluable tips for higher profits and less work.

 

[mc4wp_form id=”501″]

Free Mini-Course: Passive Income from 2-4 Unit Multifamilies

Free Mini-Course: Passive Income from 2-4 Unit Multifamilies

 

Ready to build passive income from small multifamily properties?

Over the next week, we'll email you a free series of videos, so enter your best email and let's get started!

You're in! Check your email to confirm, and you can email us directly at [email protected] with any questions :-)

Free Webinar: Earn 15-50% on Passive Real Estate Syndications

LIVE masterclass on Tues. 10/25 @ 8pm EST

Your seat is reserved! Check your email to confirm.

Inside a group real estate investment

Here's a quick video breakdown of a past group investment — and how it's performed since our Co-Investing Club invested in it in early 2023.

You got it! Check your email for the link, and some other fun freebies.

Ready to Build Passive Income?

Ready to Build Passive Income?

 

We'll email you the course videos over the next week, so enter your best email!

You're in! Check your email to confirm.

Ditch Your Day Job: Free 8-Video Course

 

Our brand new course on how to reach financial independence and retire early (FIRE) with rental properties is open for one week from Oct. 23-30!

You're in! Check your email for the link, or click here for the 1st video!

How do group real estate investments work?

If you want the cash flow, appreciation, and tax benefits of real estate without hassling with loans or landlording, learn how to invest passively. 

Awesome! Check your email :-)