What a New York residential lease agreement is for
New York rewrote the rules for market-rate leases in 2019, and has kept adding to them since. The Housing Stability and Tenant Protection Act capped deposits at one month's rent, created move-in and move-out inspections and a 14-day deadline to return the deposit, capped late fees, limited application fees to $20 and set 30, 60 and 90-day notice periods for big rent increases and non-renewals. A flood disclosure followed in 2023. In 2024 the Good Cause Eviction Law arrived, along with a notice that must go with every lease and renewal, covered or not. Many landlords are still signing leases written before any of this, and a clause that breaks these rules is void, can cost the landlord the whole deposit, or can derail an eviction case.
This template is a complete lease for a market-rate apartment, house or condo unit anywhere in the state. It covers rent and late rent, the deposit from collection to return, utilities, roommates, subletting, repairs, access, pets, renewal, early termination and default, with the sprinkler and flood disclosures built in. Schedules provide the Good Cause notice, a New York City rider, a move-in condition agreement, the federal lead disclosure and a deposit statement.
When to use it
Use it for any new lease or renewal of a market-rate home in New York State: an apartment in a small building upstate, a two-family house on Long Island, a condo unit you own in Brooklyn, or a single-family rental anywhere. For New York City, complete the city rider and attach the official city forms it lists.
Do not use it for rent-stabilized or rent-controlled apartments (they require DHCR lease forms and riders), public housing, Section 8 project-based units with their own leases, lofts under the Loft Law, or commercial space.
What's inside
The full list of sections and fields in this template, in the order they appear.
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Parties, premises and term
- Owner and agent
- Tenants
- Apartment and building size
- NYC or not
- Fixed term without auto-renewal
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Rent and late rent
- Monthly rent
- First month
- Payment and receipts
- No advance rent
- Certified-mail late notice
- Late fee cap
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Security deposit
- One month maximum
- Trust and interest-bearing account
- Move-in inspection
- Move-out inspection
- 14-day itemized statement
- Permitted deductions
- Sale of building
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Utilities, use and roommates
- Who pays which utility
- Heating cost history
- Residence only
- Roommate law
- No short-term rentals
-
Subletting, repairs and access
- Section 226-b sublet procedure
- Assignment
- Warranty of habitability
- Landlord and tenant repairs
- Alterations
- Detectors
- Access notice
-
Pets and insurance
- Pet options
- Assistance animals
- Renter's insurance
-
Renewal and Good Cause
- 30 60 or 90 day notice
- Continuation without notice
- Good Cause coverage
-
Early termination and default
- Duty to mitigate
- Seniors
- Domestic violence
- Military
- 14-day rent demand
- Cure notice
- No self-help
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Fees, disclosures and general
- Reciprocal attorneys' fees
- Sprinkler notice
- Flood disclosure
- Lead paint
- Smoking policy
- Fair housing
- Signatures
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Schedules A to E
- Good Cause Eviction Law Notice
- New York City Rider
- Move-in condition agreement
- Lead-based paint disclosure
- Security deposit statement
-
Landlord's Checklist
- 11 checks before signing
Preview pages
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Page 1 -
Page 2 -
Page 3
How to fill in the lease
- Enter the parties and the apartment. Include the owner's legal name, any managing agent, every adult tenant, and the number of units in the building, which decides some deposit and sublet rules.
- Set the term and rent. A fixed term with no automatic renewal; collect only the first month's rent and the deposit.
- Set the late fee. No more than $50 or 5%, whichever is less, after 5 days.
- Fill in the deposit section. Name the bank, and for 6 or more units, the interest-bearing account and how interest is paid.
- Assign utilities. Say who pays each one; provide heating cost history if the tenant pays for heat.
- Choose pet and smoking terms.
- Complete the disclosures. Sprinkler, flood, lead paint for pre-1978 buildings, and the Good Cause notice in Schedule A.
- For New York City, complete the rider. Attach the bedbug history, window guard, stove knob, allergen, lead and smoking notices.
- Offer the move-in inspection. Sign Schedule C if the tenant asks, then give every tenant a signed copy.
Example: renewal and deposit timelines
A fictional landlord, Hudson Row Properties LLC, rents Apartment 3B in a 12-unit building in Kingston to Ana Ruiz at $1,900 a month from September 1, 2024. Kingston has opted in to the Good Cause Eviction Law, and the building's certificate of occupancy dates from 1962, so the unit is covered.
Deposit: $1,900, held in an interest-bearing account; interest less the 1% administrative fee is credited to Ana each September. Late fee: 5% of $1,900 is $95, so the cap is the lesser amount, $50, chargeable only once rent is more than 5 days late. Renewal for 2026: Hudson Row wants to raise the rent 6% to $2,014 from September 1, 2026. Ana has lived there two years, so it must give 90 days' notice, by June 3, 2026, with a new Good Cause notice. A 6% increase must also be checked against the local rent standard published for 2026. Move-out: if Ana leaves on August 31, 2027, Hudson Row must send its itemized deposit statement by September 14, 2027.
New York rules to know
- Deposits (General Obligations Law section 7-108). One month's rent maximum; inspections offered; itemized statement and refund within 14 days, or the deposit is forfeited.
- Interest (section 7-103). Required for buildings with 6 or more units, less a 1% annual fee.
- Fees and late fees (Real Property Law section 238-a). $20 screening fee cap; late fee the lesser of $50 or 5% after 5 days.
- Renewal notices (section 226-c). 30, 60 or 90 days before a 5%+ increase or non-renewal.
- Good Cause Eviction Law (Article 6-A and section 231-c). Notice with every lease and renewal since August 18, 2024; covered units need good cause to evict or not renew.
- Disclosures. Sprinkler (section 231-a), flood (section 231-b), lead paint for pre-1978 housing.
- Roommates and sublets (sections 235-f and 226-b). One additional occupant allowed; sublets in 4+ unit buildings with consent not unreasonably withheld.
- Default. 14-day rent demand (RPAPL section 711); no self-help eviction (section 768).
Lease terms New York courts strike out
Old lease forms are full of clauses that no longer work in New York. A "last month's rent plus security" requirement collects more than the law allows. A $100 late fee, or one charged on the 2nd of the month, is unenforceable. A deposit returned on day 20 with a list of deductions is forfeited in full, because the statement came after 14 days. An automatic renewal clause binds no one unless the landlord sent the reminder notice. And a renewal sent without the Good Cause notice is incomplete. This template's deposit, fee, renewal and disclosure sections are written to the current rules so these problems do not arise.
Frequently asked questions
How much can a landlord charge for a security deposit in New York?
No more than one month's rent, under General Obligations Law section 7-108. The landlord must offer a move-in inspection, offer a move-out inspection, and return the deposit with an itemized statement within 14 days after the tenant leaves, or lose the right to keep any of it.
What is the maximum late fee in New York?
The lesser of $50 or 5% of the monthly rent, and only after the rent is more than 5 days late (Real Property Law section 238-a). The landlord must also send a written notice by certified mail if rent is not received within 5 days of the due date.
Do I need to give tenants a Good Cause Eviction notice?
Yes. Since August 18, 2024, New York landlords must include or attach a Good Cause Eviction Law notice with every new lease, renewal and notice of non-renewal, stating whether the unit is covered by the law and, if not, why it is exempt. It applies even to exempt units.
How much notice must a New York landlord give before raising rent?
For an increase of 5% or more, or a decision not to renew, 30 days if the tenant has lived there less than a year, 60 days for one to two years, and 90 days for two years or more (Real Property Law section 226-c). If the notice is late, the current terms continue until it runs.
Can a New York landlord charge an application fee?
Only up to $20 (or the actual cost, if less) for a background and credit check, and the landlord must give the applicant a copy of the report and a receipt. No fee may be charged to an applicant who provides a credit report from the last 30 days.
