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!
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I want to know more about:
I rent an apartment in Upstate NY. Property was recently sold. The new owners gave us 3 days notice that they changed the rental period/rent due date from the first of the month to the fifth of the month. We were already in the process of finding a new and larger apartment when we contacted the property manager to give our full months notice. I gave notice on Ictober 4th, the day before the rental period began on the 5th, that we would be vacating the apartment by November 4th, the end of the rental period. The new owners are refusing to return our security deposit because we did not give notice by the first of October. Isn’t this unlawfull? They changed the the rental period, without proper notice but want me to obide by the rest of the contract?