Types (6)
Commercial (PDF)
For leasing retail, office, industrial, or other commercially-zoned property to a business owner under a fixed term.
Lease-to-Own (PDF)
A rental contract that sets a purchase price and gives the tenant the option to buy the property at the end of the lease term.
Month-to-Month
A flexible tenancy that renews each month and can be ended by either party with at least 30 days’ written notice.
Roommate (PDF)
Sets the ground rules for individuals sharing a New York rental, covering rent, utilities, guests, noise, and common area use.
Standard (Residential)
New York’s standard fixed-term residential lease, typically running 1 year, subject to the Housing Stability and Tenant Protection Act.
Sublease (PDF)
Permits a tenant to re-rent part or all of their apartment or house to another person for the remainder of the lease term, with the landlord’s written consent.
Renting in New York
| Most Common Rental Type | Apartments |
| Average Rent | $1,634/mo |
| Households That Rent | 45.7% |
| Average Renter Household Size | 2.2 |
| Rental Vacancy Rate | 5.5% |
Source: U.S. Census Bureau, American Community Survey (2024)[8] & Housing Vacancy Survey (2024)[9]
What is a New York Lease Agreement?
A New York lease agreement confirms the terms of a tenancy between a landlord and one or more renters. It puts each party’s rights in writing and serves as the reference document for the duration of the lease.
New York law requires landlords to maintain all rental units in habitable condition and to make repairs within a reasonable time after receiving notice. The state also mandates disclosures about lead paint, bedbug history, flood zone status, and the presence of any sprinkler systems in the building.
State Laws & Guides
Laws: NY Real Property Law Art. 7 (§§ 220–238) | General Obligations Law § 7-108
Guides:
- Attorney General’s Tenants’ Rights Guide (PDF)
- NYC Landlords: Questions & Answers About Housing Court (PDF)
- Tenant Rights and Responsibilities (PDF)
When is Rent Due?
New York does not specify a default rent due date by statute. The lease agreement determines when rent is due. There is no state-mandated grace period for most tenancies, although rent-stabilized apartments in NYC may have specific protections.
Landlord’s Access
Emergency: New York does not have a specific statute governing landlord entry. In practice, landlords may enter without notice in an emergency.
Non-Emergency: While no specific notice period is set by statute, landlords are expected to provide reasonable notice before entering at reasonable times. 24 hours is the recommended standard.
Landlord’s Duties
Under New York law, landlords must:
- Warranty of Habitability: Maintain the premises in a condition fit for human habitation, including adequate heat, hot water, and freedom from hazardous conditions.[1]
- Building Codes: Comply with all applicable building, housing, and health codes.
- Repairs: Make all necessary repairs to keep the dwelling safe and habitable.
- Common Areas: Keep shared areas clean and in a safe condition.
- Systems: Maintain all electrical, plumbing, heating, and sanitary systems in good working order.
Tenant’s Duties
Tenants must comply with the following:
- Cleanliness: Keep the rental unit clean and sanitary.
- Trash: Dispose of garbage in a safe and sanitary manner.
- Appliances & Systems: Use all fixtures and appliances in the manner they are intended.
- Property Care: Do not deliberately or negligently damage any part of the premises.
- Quiet Enjoyment: Do not disturb other tenants’ peaceful enjoyment of the premises.
- Lease Terms: Comply with all obligations imposed by the lease agreement.
Required Disclosures
Copy of Signed Lease: Landlords must provide tenants with a copy of the signed lease within 30 days after it has been fully executed.
Name and Address: The landlord’s name and address must be identified in the lease agreement.
Bedbug Infestation History (NYC Local Law 69 of 2017): NYC landlords must file an annual electronic bedbug report and disclose the building’s infestation history to tenants.[2]
Window Guards (NYC): Landlords must install window guards in any unit where a child under age 10 resides and must provide tenants with a notice regarding their right to request window guards.[3]
Sprinkler Disclosure: Landlords must notify tenants whether the building has a sprinkler system and its condition.
Housing Discrimination Notice: Landlords must provide tenants with a notice regarding their rights under fair housing laws.
Lead-Based Paint: Required under federal law for all dwellings built before 1978. The landlord must disclose known lead hazards and provide the EPA information pamphlet.[4]
Security Deposits
Maximum Amount: The security deposit cannot exceed 1 month’s rent.[5]
Returning to Tenant: The deposit must be returned within 14 days after the tenancy ends. If any portion is withheld, the landlord must provide a written itemized list of deductions.[6]
Deposit Interest: Required for landlords who own or manage buildings with 6 or more units. The deposit must be held in a New York interest-bearing account, and interest must be paid to the tenant.[7]
Bank Notification: Landlords who deposit security in a bank must notify the tenant in writing of the bank’s name, address, and the deposit amount.[7]
Uses of the Deposit: Landlords may deduct for:[6]
- Unpaid rent
- Damage to the premises beyond normal wear and tear
- NY Real Property Law § 235-b – Warranty of Habitability
- NYC Local Law 69 of 2017 – Bedbug Disclosure
- NYC Health – Window Guards
- 42 U.S.C. § 4852d – Lead-Based Paint Disclosure (EPA)
- 576/74 § 6 – Maximum Security Deposit
- NY GOL § 7-108 – Security Deposits
- NY GOL § 7-103 – Interest on Security Deposits
- U.S. Census Bureau, American Community Survey 2024 1-Year Estimates
- U.S. Census Bureau, Housing Vacancies and Homeownership Survey (2024)





