New York landlord-tenant laws.
Notable New York quirk
Missing the 14-day deposit-return deadline forfeits the right to keep any portion of it. Late fees can't be included in a rent demand or support a nonpayment eviction.
New York landlord law FAQ
What's the maximum late fee I can charge in New York?
The lesser of $50 or 5% of the monthly rent, and only after rent is 5 days late (RPL § 238-a). On $2,000 rent, 5% would be $100, so the fee caps at $50.
When must I return a security deposit in New York?
Within 14 days after the tenant moves out, with an itemized statement of deductions (Gen. Oblig. Law § 7-108). Miss the 14-day deadline and you forfeit the right to keep any part of the deposit.
How much can I collect as a security deposit in New York?
No more than one month's rent under Gen. Oblig. Law § 7-108 (HSTPA 2019). The cap applies statewide to residential tenancies, with narrow exceptions for certain seasonal units.
Do I have to give a grace period before charging a late fee in New York?
Yes, a mandatory 5-day grace period under RPL § 238-a. No late fee may be charged until rent is more than 5 days past due.
How much notice before I enter a tenant's apartment in New York?
No statewide statute sets a fixed period. The NY Attorney General treats reasonable notice as about 1 week for repairs and 24 hours for inspections, with no notice needed in emergencies.
What is the small claims limit in New York?
$10,000 in NYC Civil Court, $5,000 in district and city courts, and $3,000 in town and village justice courts.
How much can a landlord charge for late rent in New York?
Capped at $50 or 5% of monthly rent, whichever is LESS; only after 5 days late. Grace period: 5 days, mandatory before any late fee (RPL § 238-a). Late fee terms should always be written into the lease.
What is the security deposit limit in New York?
1 month's rent. Deposit return deadline: 14 days.
How much notice does a landlord need to enter a rental in New York?
Reasonable notice (no statutory period; AG guidance: ~1 week for repairs, 24 hours for inspections).
Is there rent control in New York?
Strong (NYC rent stabilization + statewide HSTPA).
Sources
Summarized from public statutes, state bar guides, and provincial residential tenancy acts. Last reviewed 2026-07-02. Deposit statute: N.Y. Gen. Oblig. Law § 7-108 (HSTPA 2019). Late fee statute: N.Y. Real Prop. Law § 238-a (HSTPA 2019).
- Gen. Oblig. Law § 7-108 (deposits)
- RPL § 238-a (late fees)
- NY AG: Residential Tenants' Rights Guide
- NYS UCS: Small Claims Handbook
This page is general information, not legal advice. Consult a local attorney for your specific situation.
Other states
North Carolina
1.5 months (month-to-month) / 2 months (longer)
North Dakota
1 month (2 in limited cases); pet deposit up to $2,500 or 2 months' rent, whichever is greater
Ohio
No cap
Oklahoma
No cap
Oregon
No explicit cap
Pennsylvania
2 months (year 1) / 1 month (after year 1)
Rhode Island
1 month's rent
South Carolina
No cap