NYC tenant rights: the cheat sheet every renter should save.
Deposits, fees, broker rules, heat, subletting and renewals. The rules New York renters actually need, one line each, with the law behind every one.
In NYC, your security deposit is capped at 1 month's rent and must come back within 14 days of move-out, application fees are capped at $20, and you cannot be charged the fee of a broker the landlord hired.
- →Late fees: only after 5 days, max $50 or 5% of rent, whichever is less.
- →Heat season (Oct 1 to May 31): 68 by day when under 55 outside, 62 at night.
- →In buildings with 4+ units, a landlord cannot unreasonably refuse a sublet.
Most renters in New York sign a lease without knowing the rules that protect them.
Not because they do not care.
Because nobody ever wrote it down in one place.
So here it is. Every rule below is current as of October 17, 2026, and each one links to a deeper guide.
Money you pay upfront
- Security deposit. No more than 1 month’s rent. The full move-in math.
- Deposit return. Within 14 days after you move out, the landlord must return it with an itemized statement of anything kept. Miss the deadline, and they lose the right to keep any of it. Read the lease clause.
- Move-out inspection. You can ask for an inspection before you leave, so you get the chance to fix problems before they come out of your deposit.
- Application fee. $20 max, or the actual cost of the background and credit check if that is lower. You get a copy of the check and the receipt.
- Broker fee. Under the FARE Act, whoever hires the broker pays. A landlord’s agent cannot charge you. Every fee you will pay has to be disclosed in the listing and itemized in writing before you sign. The FARE Act, explained.
Money you pay every month
- Late fees. Only if rent is more than 5 days late. Max $50 or 5% of the monthly rent, whichever is less. On a $4,000 apartment, 5% is $200, so the cap is $50.
- Big increases. If your landlord wants to raise rent 5% or more, or will not renew, they owe you written notice: 30 days if you have lived there under 1 year, 60 days for 1 to 2 years, 90 days for more than 2 years.
Living in the apartment
- Warranty of habitability. Every residential lease in New York promises the apartment is fit to live in. You cannot sign that right away. See the glossary.
- Heat. From October 1 to May 31: at least 68 degrees from 6am to 10pm when it is below 55 outside, and at least 62 degrees from 10pm to 6am. Heat season rules.
- Hot water. At least 120 degrees, 365 days a year.
- Complaints. Tell your landlord first. Then call 311 or file online. If repairs or services still do not happen, you can start an HP action in Housing Court, no lawyer required.
- Bedbugs. New tenants get a disclosure of the building’s bedbug history for the past year.
Subletting
- The right. In buildings with 4 or more units, the landlord cannot unreasonably refuse a sublet.
- The process. Ask by certified mail with the details. If the landlord does not answer within 30 days, that counts as consent. The full sublet rules.
- The catch. You are still on the hook for the lease.
Good Cause Eviction (if it covers you)
- A reason to remove you. For covered apartments, a landlord needs a legal reason to evict or not renew.
- The rent line. Increases above 5% plus regional inflation, or 10% if lower, are presumed unreasonable. In NYC that works out to 8.38% right now, using the state’s July 2026 figure.
- The exemptions. Many units are not covered, including small landlords (10 or fewer units), co-ops, condos, buildings from 2009 on and high-rent units. Your lease should include a notice saying whether it applies. Good Cause, explained.
Rent stabilized apartments
- Renewal offer. Your landlord must offer it 90 to 150 days before your lease ends.
- Your choice. 1 year or 2 years. You have 60 days to sign and return it.
- This year’s number. 0% for 1- and 2-year leases starting October 1, 2026 through September 30, 2027. A landlord lawsuit challenging it is pending as of October 17, 2026, and the freeze remains in effect. Is your unit stabilized?
Here is how I see it
Save this.
Send it to your roommate.
Pull it up the next time something feels off.
The rules only work if you know them.
“The rules only protect you if you know them.”
Frequently asked questions
What is the maximum security deposit in NYC?
1 month's rent. The landlord has 14 days after you move out to return it with an itemized statement of anything kept, or they lose the right to keep any of it.
How much can a NYC landlord charge for an application?
No more than $20 or the actual cost of the background and credit check, whichever is less. The landlord must give you a copy of the check and the receipt.
Can my landlord charge me a broker fee in NYC?
Not for a broker the landlord hired. Under the FARE Act, whoever hires the broker pays. You only pay a broker you hire yourself.
How much notice does my landlord have to give before raising rent 5% or more?
30 days if you have lived there under 1 year, 60 days for 1 to 2 years, and 90 days for more than 2 years. The same notice applies if the landlord will not renew.
Einhorn, Gabe. “NYC tenant rights: the cheat sheet every renter should save.” Nessoo Report, Nessoo (nessoo.com), Oct 17, 2026.

Co-founder of Nessoo, the verify-first rental marketplace in New York. He writes every Nessoo Report. nessoo.com
Sources
- NY General Obligations Law 7-108 (deposit cap; 14-day itemized return; pre-move-out inspection)
- NY Real Property Law 238-a (application and screening fee cap; late fee cap and 5-day grace)
- NYC Department of Consumer and Worker Protection, FARE Act FAQ
- NY Real Property Law 226-b (right to sublet in buildings with 4+ units)
- NY Real Property Law 235-b (warranty of habitability)
- NY Real Property Law 226-c (notice of non-renewal or 5%+ increase)
- NYC HPD, Heat and Hot Water Information
- NYC HPD, Housing Court (HP actions)
- NYC HPD, Bedbugs (one-year bedbug history disclosure for new tenants; annual filing)
- NY State HCR, Leases (bedbug disclosure form DBB-N)
- NY Real Property Law 211 and 214 (Good Cause: local rent standard, exemptions)
- NY State HCR, Good Cause Eviction Law Notice, July 2026 (NYC CPI change of 3.38%)
- NY State HCR, Fact Sheet #4: Lease Renewal in Rent Stabilized Apartments
- NYC Rent Guidelines Board, 2026-27 Apartment/Loft Order #58 (0% for 1- and 2-year leases)