New York Rental FAQs: A Guide for Landlords and Tenants

We answer the most common landlord-tenant questions

Navigating landlord-tenant laws in New York can be overwhelming. The goal of this article is to answer some of the most frequently asked questions by both landlords and tenants in New York. 

Let’s get started.

FAQs for New York landlords

1. What are my responsibilities as a landlord in New York?

Your duties as a landlord are mostly outlined in the lease agreement and Chapter 50, Article 7 of the Consolidated Laws of New York.

Here are some of those responsibilities:

• Warranty of habitability: New York landlords must ensure all of their rental properties are “habitable.” This includes maintaining basic structural integrity and essential services, such as heating, plumbing, and electrical systems. 
• Maintenance and timely repairs: Landlords must keep rental properties in good repair. This includes making necessary repairs promptly. Generally speaking, landlords have 24 hours to fix “immediately hazardous” conditions, 30 days to fix “hazardous” conditions, and 90 days to fix “non-hazardous conditions.”
• Heat requirements: New York landlords must provide heat in accordance with local housing codes. In most cases, heat must be supplied from October 1 through May 31, maintaining a minimum temperature set by local laws during the heating season.

2. How do I handle security deposits in New York?

First things first, it’s important to recognize that security deposits in New York cannot exceed one month’s rent. 

Upon collecting a security deposit, you must do one of two things depending on the number of units in the apartment complex.

You must return the security deposit to the tenant within 14 days of the tenant’s departure from the apartment. 

If you intend to withhold any portion of the deposit, you must provide the tenant with a detailed statement of reasons within the same 14-day period.

3. How can I legally increase rent for my tenants?

In New York, landlords must follow specific guidelines when increasing rent:

• Increase amounts: If your property is not rent stabilized or controlled, there is no limit to how much you can increase the rent.
• Notice requirements: You must provide a written notice to tenants at least 60 days in advance for tenants living in the unit for one to two years, and 90 days for tenants in the unit for more than two years, before increasing the rent by five percent or more.

4. What steps should I take if my tenant doesn’t pay rent?

If a tenant fails to pay rent, you should:

• Provide a late rent notice: Typically, after five days of non-payment. 
• Issue a “demand for rent” notice: Giving the tenant 14 days to pay the overdue rent. 
• File for eviction: If the tenant fails to pay within the 14-day period, you can initiate eviction proceedings in court.

Be sure to send any notices by certified mail with a return receipt requested. Additionally, it’s a good idea to save any correspondence with the tenant, including text messages.

5. Can I enter a rental unit without notice?

Tenants have a right to privacy within their apartments. However, this doesn’t mean you can’t enter the apartment under certain circumstances. As a landlord, you can enter a tenant’s apartment provided it is:

• At a reasonable time,
• With reasonable notice, and
• With the tenant’s consent.

If a tenant unreasonably withholds consent for repairs or similar services, you can seek a court order to permit entry. In the case of an emergency, such as a burst pipe, you can enter the apartment without the tenant’s consent or prior notice.

FAQs for New York tenants

1. What are my rights and responsibilities regarding repairs?

As a tenant, you’re responsible for keeping your living space clean and sanitary, which includes regularly disposing of trash and maintaining hygiene to prevent health risks. 

On the other hand, landlords must ensure their rental properties remain habitable, as defined by New York Real Property Law Section 235-b. While landlords are not required to make immediate repairs, they are expected to address issues within a reasonable time frame, depending on the problem’s severity.

It’s crucial for you to inform your landlords in writing about any needed repairs. Without written documentation, pursuing legal action for unaddressed repairs becomes challenging. If your landlord fails to address necessary repairs, you have several options:

• Report the issue: Contact 311 to report hazardous conditions.
• File a complaint for rent-regulated apartments: If you live in a rent-regulated apartment, you can file a complaint for a decrease in services with the New York State Homes and Community Renewal, the state agency that oversees rent regulations.
• Initiate an HP action: You can file an HP action in housing court.This is a legal process in which a tenant sues their landlord to force them to make repairs.
• Emergency repairs: If the issue is an emergency that poses immediate harm or danger, you can request that a city agency, such as the Housing Preservation and Development (HPD), intervene to make the necessary repairs.
• Withhold rent: If repairs are not made after notification, you may withhold rent but should save the withheld amount for eventual payment or negotiate a rent reduction.

In cases where landlords do not address emergency repairs after being notified and given reasonable time, you may use your rent money to cover these repairs. However, the repair must address a significant risk to health or safety, or substantially impair your ability to live in the unit. You must also demonstrate the necessity of the repair and ensure the costs are reasonable.

2. How can I ensure my security deposit is returned?

Moving can be costly, so ensuring you get your security deposit back is essential. Here are some steps to help you achieve this:

1. Pre-move-in Inspection: Conduct a walk-through inspection with your landlord before moving in. Document the property’s condition with photos, videos, and a written checklist signed by the landlord.
2. Maintenance: Keep the rental clean and promptly report any issues to your landlord.
3. Move-out cleaning: Thoroughly clean the rental before moving out. If possible, hire a professional cleaning service.
4. Remove all items: Take all personal belongings and trash with you. Avoid leaving furniture in the unit or on the curb.
5. Move-out inspection: Request a final inspection with your landlord to review the property’s condition together. Document this with photos, videos, and a signed checklist.

3. What are my rights concerning mold in my apartment in New York?

The Institute of Medicine (IOM) established a clear association between indoor mold exposure and several respiratory issues. Recent research has indicated a possible connection between exposure to mold at an early age and the onset of asthma in some children, especially those genetically predisposed to the disease.

In New York, while there are no specific laws about mold, landlords are required to address any condition that materially affects the health or safety of tenants. If mold is present and potentially harmful, tenants should notify their landlord in writing. If the landlord fails to address the mold issue, tenants may have legal recourse to ensure remediation.

4.  Can my New York landlord demand a background check?

Your landlord may require a background check, but there are specific restrictions to keep in mind:

• Fee limit: The maximum fee your landlord can charge for a credit and background check is $20.
• Disclosure requirements: Your landlord must provide you with a copy of both the background and credit checks.
• Invoice provision: You should receive the invoice from the company that conducted these checks.
• Using your own reports: To avoid fees, you can submit your own background and credit checks, provided they were conducted within the last 30 days.

5. What are my rights if I'm facing eviction in New York?

In New York, tenants have substantial rights in the face of eviction. Firstly, landlords must provide a formal notice of eviction, which varies based on the reason for eviction—nonpayment of rent requires a 14-day notice, while other lease violations typically require a 30-day notice. 

If you receive such a notice, you have the right to contest the eviction in court. It's crucial to respond to any court summons and present your case, as failing to appear can result in a default judgment against you.