New York is considered a landlord-friendly state because rents tend to be higher compared to other states. It is also considered a tenant-friendly state as there is a high rate of rent control clauses, so it is important that landlords identify and analyze them for their lease documents. Leases aim to establish certain rules and regulations that landlords and tenants must follow in order to have a good relationship throughout the tenancy period. According to New York real estate laws, these documents must disclose important information such as lease requirements, responsibilities and rights of landlords and tenants, and other legal details. Landlords cannot lock out a tenant in retaliation because it is illegal to do so. David is co-founder and CMO of DoorLoop, bestselling author, CLE legal speaker and real estate investor. When he`s not hanging out with his two kids, he`s writing articles here! Landlords are required to notify tenants in writing for at least 30 days of a rent increase of more than 5% or the intention not to extend. The longer a tenant is busy, the more the landlord must announce a significant rent increase: 60 days` notice to a tenant who has lived for more than one year or whose tenancy period is more than one year, and 90 days` notice to a tenant who has lived for more than two years or whose tenancy period is at least two years. Housing courts will now have stricter requirements to consider how an eviction affects the health and well-being of tenants, including the schooling of children in the dwelling. However, with the passage of the Housing Stability and Tenant Protection Act (HSTPA) of 2019, landlords must notify tenants if they intend to increase rent by more than 5%. You must also notify tenants if they do not intend to renew a lease. If a tenant has a lease of less than one year, a 30-day notice period is now mandatory.

A 60-day notice period is required for tenants who have lived in an apartment for more than one year but less than two years, or who have a lease of at least one year but less than two years. Tenants who have lived in a unit for more than two years or who have a lease of at least two years must be given 90 days` notice. In the event that the landlord decides to return only part of the deposit, he must give the tenant a detailed list of all the damage that needs to be repaired and how the deposit will be used. If he refuses, the tenant can ask for legal advice. New York State tenancy laws do not require landlords to cancel before raising rents. However, some landlords may choose to send a notice in advance or add an annual increase to their lease so that there is no argument for renewal each year. Many tenants of stabilized apartments have paid “preferential rents” in the past – prices that are deducted from the maximum legal rent. Sublease Agreement – The act by which one person, the “original tenant”, decides to allow another person, the “subtenant”, to resume their lease for part or the end of its term. Alternatively, tenants can terminate or extend a lease at the end of the term if there is an option to extend it in their agreement.

In the case of monthly rental contracts, the tenant must respect a notice period of 30 days. In most cases, however, the landlord must agree to the extension of the lease. New York State law has no regulations or restrictions on when a landlord can enter their rented unit. Theoretically, owners can legally enter at any time without notice. However, landlords and tenants usually create a single “notice clause” in which they disclose the conditions under which the tenant can let the landlord into the unit. These notifications are usually sent by registered mail, as this is the safest and most followed option in the event of a dispute. If your lease states that your landlord can charge you attorney`s fees and costs if there is a lawsuit over the lease or apartment, then you automatically have the same right to ask the landlord to pay your attorney`s fees and costs if you win the case. The lease renewal guidelines issued annually by the NYC Rent Guidelines Board are based on a variety of factors, including six annual reports prepared by RGB employees, as well as testimony presented to the board at public meetings, hearings, and in writing.