Breaking a Lease in New York

New York Tenant Rights — Your Complete Renter Guide (2026)

By Oleg Kachko · Updated June 10, 2026

✓ Law Verified June 2026

This guide covers your core new york tenant rights in plain English — the notice rules, deposit limits, rent-increase protections, habitability standards, and what to do when your landlord breaks the rules. All figures are from New York law, verified as of June 2026.

New York Tenant Rights: Key Rules at a Glance

Here are the most important new york tenant rights numbers every renter should know:

Notice to enter New York has no specific statute requiring a set number of hours. The Attorney General’s guidance and case law establish that landlords must give reasonable notice, generally interpreted as at least 24 hours for inspections and one week for non-emergency repairs, during reasonable hours (9 AM to 5 PM weekdays). No notice is required in emergencies such as fire, flooding, or gas leaks. This derives from the implied covenant of quiet enjoyment rather than a specific RPL section.
Notice to raise rent Under RPL Section 226-c (added by HSTPA 2019), landlords must give written notice before raising rent by 5% or more or before non-renewal: 30 days if the tenant has lived there less than 1 year or the lease term is less than 1 year; 60 days if the tenant has lived there 1 year to less than 2 years; 90 days if the tenant has lived there 2 years or more or the lease is for 2 or more years. This applies statewide to all residential tenancies.
Notice to end month-to-month Under RPL Section 232-b (outside NYC), either party must give at least one full month’s notice before the expiration of the monthly term. Inside NYC, RPL Section 226-c notice periods (30, 60, or 90 days based on tenancy duration) now govern landlord-initiated terminations of residential tenancies. The Good Cause Eviction Law (effective April 20, 2024) further restricts landlords in NYC and opt-in municipalities from terminating without a qualifying reason.
Notice to end yearly lease RPL Section 226-c governs: landlords must give 30 days notice if the tenancy or lease has been less than 1 year, 60 days if 1 to less than 2 years, and 90 days if 2 years or more. For leases with a fixed end date, the lease simply expires on that date unless state or local good cause eviction protections apply, in which case the landlord must still provide proper notice and have a qualifying reason for non-renewal.
Max security deposit 1 month’s rent maximum under General Obligations Law Section 7-108 as amended by HSTPA 2019. No additional fees such as last month’s rent or pet deposits may be collected beyond this single month. For buildings with 6 or more units, the deposit must be held in an interest-bearing account (GOL Section 7-103), and the landlord may retain 1% per year as an administrative fee.
Deposit return deadline 14 days. Under GOL Section 7-108, the landlord must return the security deposit with an itemized statement of any deductions within 14 days after the tenant vacates. If the landlord fails to return the deposit or provide an itemized statement within 14 days, the landlord forfeits the right to retain any portion of the deposit.
Statewide rent cap YES. New York has the most extensive rent regulation system in the country. Approximately 1 million apartments in New York City are rent-stabilized under the Rent Stabilization Law, and the Housing Stability and Tenant Protection Act of 2019 (HSTPA) made these protections permanent. The NYC Rent Guidelines Board sets annual allowable increases for rent-stabilized units. Some apartments in NYC remain under the older, stricter rent control system. Outside NYC, the Emergency Tenant Protection Act (ETPA) extends rent stabilization to parts of Westchester, Nassau, and Rockland counties. Additionally, the Good Cause Eviction Law (effective April 20, 2024) allows tenants in NYC and opt-in municipalities to challenge unreasonable rent increases in court.

Habitability & Landlord Obligations in New York

YES. RPL Section 235-b establishes an implied warranty of habitability in every residential lease, whether written or oral. This warranty cannot be waived. Landlords must maintain premises that are fit for human habitation and free from conditions that are dangerous, hazardous, or detrimental to life, health, or safety.

This includes providing heat (October 1 through May 31, with specific temperature minimums), hot water at 120 degrees Fahrenheit year-round, running water, working plumbing and electricity, pest-free conditions, working smoke and carbon monoxide detectors, and lead paint safety in pre-1978 buildings with children under 6.

Other landlord obligations: Landlords must provide and maintain smoke detectors and carbon monoxide detectors in every unit. Landlords must provide heat between October 1 and May 31 (at least 68 degrees F when outside temperature is below 55 degrees F during the day, and at least 62 degrees F at night).

Hot water at a minimum of 120 degrees F must be supplied year-round. Landlords must provide a written receipt for rent payments. Landlords must disclose their name and address or the name and address of an authorized managing agent (RPL Section 235-e).

Landlords of buildings with 6 or more units must hold security deposits in interest-bearing accounts. Landlords must remediate lead-based paint hazards in pre-1978 buildings where children under 6 reside (NYC Local Law 1). Landlords must provide window guards in apartments where children 10 and under reside (NYC). Landlords have a duty to mitigate damages if a tenant breaks the lease (RPL Section 227-e).

Retaliation & Discrimination Protections

Retaliation: YES. RPL Section 223-b prohibits landlord retaliation against tenants who make good-faith complaints to the landlord or a government agency about health, safety, or code violations, or who participate in tenant organization activities. Prohibited retaliatory acts include serving notice to quit, commencing eviction proceedings, refusing to renew a lease, imposing unreasonable rent increases, or substantially altering the terms of the tenancy.

If a landlord takes adverse action within 1 year of a protected activity, retaliation is presumed and the landlord must prove a non-retaliatory motive by a preponderance of the evidence. Tenants may bring a civil action for damages, attorney’s fees, costs, and injunctive relief. This protection applies to all residential rentals except owner-occupied dwellings with fewer than 4 units.

Additional protected classes in New York: The New York State Human Rights Law (Executive Law Section 296) protects all federal Fair Housing Act classes (race, color, religion, national origin, sex, familial status, disability) plus: age, marital status, military status, sexual orientation, gender identity and expression, citizenship or immigration status, lawful source of income (including Section 8 vouchers and other housing assistance), and domestic violence victim status.

New York City’s Human Rights Law (Admin Code Title 8) adds further protections including partnership status, alienage or citizenship status, and lawful occupation.

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What You Can Do When Your Landlord Violates the Law

Tenants may withhold rent when the landlord has been notified of serious habitability violations and fails to repair, but should set aside withheld rent and be prepared to show the problem in court. In NYC, tenants may file an HP Action in Housing Court to petition a judge to order the landlord to make repairs, and the court may impose civil penalties.

Tenants may raise the warranty of habitability as a defense in nonpayment proceedings and the court may order a rent abatement proportional to the diminished value of the unit. Tenants may call 311 in NYC to report violations and have HPD inspect.

Tenants may file complaints with the NY Attorney General or local code enforcement. Tenants may sue for damages in civil court for breach of the warranty of habitability, retaliation, or discrimination. New York does not have a broad statutory repair-and-deduct remedy, but courts have permitted it in limited circumstances such as broken locks after landlord notification and willful neglect.

Tenants may also file complaints with the Division of Human Rights or NYC Commission on Human Rights for discrimination, and may recover damages, attorney’s fees, and injunctive relief for retaliation under RPL Section 223-b.

Other New York tenant protections: Good Cause Eviction Law (effective April 20, 2024): In NYC and opt-in municipalities, landlords cannot end a residential tenancy without good cause such as nonpayment, nuisance, or owner use. Tenants may challenge unreasonable rent increases in court.

As of 2025, at least 17 municipalities outside NYC have opted in. The HSTPA 2019 made rent stabilization permanent, eliminated vacancy decontrol and high-income deregulation, locked in preferential rents, and capped Major Capital Improvement and Individual Apartment Improvement rent increases.

Landlords must give tenants written notice of whether the Good Cause Eviction Law applies to their unit. New York requires landlords to mitigate damages when a tenant breaks a lease (RPL Section 227-e), meaning the landlord must make reasonable efforts to re-rent the unit rather than holding the tenant liable for the full remaining lease term.

Explore Your Full New York Renter Rights

This overview covers the basics. For the full details on each topic, see the dedicated New York guides:

Understanding Your New York Tenant Rights

Knowing your New York tenant rights is the single best way to protect yourself as a renter. Most landlord problems — illegal entry, withheld deposits, retaliatory evictions — happen because the tenant does not know what New York law actually says. This New York tenant rights guide gives you the exact rules so you can recognize a violation when it happens and act before your rights expire.

If any part of your New York tenant rights situation is unclear, a local legal-aid office can help for free.

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Official New York Sources & Resources

This New York tenant rights guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.

More New York Tenant Rights Guides

Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.

Renting? Protect your belongings — compare renters insurance at Home Insure Guide. Divorce involving a lease? See Divorce Help Guide. Unsafe housing / toxic mold injury? Some cases qualify — see Mass Tort Info.