New York Lease Agreement: What to Include
June 11, 2026New York landlord-tenant law has both statewide rules and a substantial layer of New York City-specific requirements, which trips up landlords using a generic template that doesn't distinguish between the two. Here's what a New York lease should address.
Security deposit rules
New York generally caps the security deposit at one month's rent for most residential rentals. Buildings with six or more residential units are required to pay interest on the deposit, minus a small permitted administrative fee. Deposits must be returned within 14 days of move-out, with an itemized statement if any amount is withheld.
Late fees are capped
New York caps late fees at the lesser of $50 or 5% of the monthly rent — this is a firm statutory cap, not just a guideline, so a lease charging more than that is not enforceable for the excess. A grace period of 5 days is standard before a late fee can apply.
Rent increase notice scales with tenancy length
New York's rent increase notice period depends on how long the tenant has occupied the unit or the length of their lease term — generally 30, 60, or 90 days, with longer notice required for longer-tenured tenants. Rent-stabilized units in New York City have an entirely separate framework with its own rider requirements and increase limits set by the Rent Guidelines Board, not general state law.
Required disclosures
A New York lease should include or accompany:
- • Federal lead-based paint disclosure (for pre-1978 buildings)
- • Bedbug history disclosure (required in New York City, and good practice statewide)
- • Sprinkler system disclosure
- • Rent-stabilized rider, if the unit is rent-stabilized
The bottom line
The gap between New York State law and New York City-specific rules (rent stabilization, bedbug disclosure, and more) is the biggest thing a generic lease misses. See LeasePilot HQ's full New York landlord-tenant law summary for the complete breakdown with sources, or generate a lease with New York-specific clauses built in automatically.
Frequently Asked Questions
Is my apartment rent-stabilized?
Rent stabilization in New York generally applies to certain older buildings with six or more units, subject to specific eligibility rules that have changed over time with legislation — check your building's specific status rather than assuming based on age or size alone.
Does the late fee cap apply to every lease in New York?
The $50-or-5%-of-rent cap is a statewide statutory limit on late fees for residential leases — a lease provision charging more than that is generally not enforceable for the excess amount, regardless of what the lease states.
Do New York City rules apply outside the five boroughs?
No — many of the most well-known New York City-specific rules (like rent stabilization and certain local disclosure requirements) are local to NYC and don't automatically apply elsewhere in the state, which has its own separate baseline rules.