What do New York landlord tenant laws say about repairs, deposits and notice?

New York landlord tenant day counts and deposit limits, with sources

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What repairs is a landlord responsible for in New York?

Real Property Law 235-b(1), read 2026-10-30 on nysenate.gov, puts the duty in a warranty that the landlord or lessor shall be deemed to covenant and warrant in every written or oral lease or rental agreement for residential premises: “In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties.” (New York RPL 235-b)

Under RPL 235-b(2), any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in the section shall be void as contrary to public policy.

For a heat, hot-water or plumbing repair that bears on habitability in a New York rental, a manager can post it on InstaBids and compare written bids.

How long does a landlord have to return a security deposit in New York?

General Obligations Law 7-108(1-a)(e), read 2026-10-30, gives the landlord fourteen days after the tenant has vacated, outside rent control and the other dwelling units the GOL 7-108(1-a) lead-in lists, for the itemized statement and the rest of the deposit: “Within fourteen days after the tenant has vacated the premises, the landlord shall provide the tenant with an itemized statement indicating the basis for the amount of the deposit retained, if any, and shall return any remaining portion of the deposit to the tenant. If a landlord fails to provide the tenant with the statement and deposit within fourteen days, the landlord shall forfeit any right to retain any portion of the deposit.” (New York GOL 7-108)

Before move-out, under GOL 7-108(1-a)(d) and outside rent control and the other dwelling units the GOL 7-108(1-a) lead-in lists, the landlord shall notify the tenant in writing of the tenant's right to request an inspection, unless the tenant terminates the tenancy with less than two weeks' notice.

If the tenant requests such an inspection, the landlord shall provide at least forty-eight hours written notice of its date and time, outside rent control and the other units GOL 7-108(1-a) lists, and it is made no earlier than two weeks and no later than one week before the end of the tenancy (GOL 7-108(1-a)(d)).

At move-in, outside rent control and the other dwelling units the GOL 7-108(1-a) lead-in lists, no deposit or advance shall exceed the amount of one month's rent, unless it is for a seasonal use dwelling unit or an owner-occupied cooperative apartment as the section provides (GOL 7-108(1-a)(a)).

Under GOL 7-108(1-a)(g), for a deposit outside rent control and the other units GOL 7-108(1-a) lists, any person who violates the subdivision shall be liable for actual damages, and a person found to have willfully violated it shall be liable for punitive damages of up to twice the amount of the deposit or advance.

For the cleaning and repairs between tenants, a manager can post the turnover job on InstaBids and get written bids on that one scope.

When can a tenant end a lease over repairs in New York?

Real Property Law 227, read 2026-10-30, lets the lessee or occupant quit and surrender possession only where the building is untenantable and unfit for occupancy, no express agreement to the contrary has been made in writing, and the destruction or injury occurred without his or her fault or neglect: “Where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his or her fault or neglect, quit and surrender possession of the leasehold premises, and of the land so leased or occupied; and he or she is not liable to pay to the lessor or owner, rent for the time subsequent to the surrender. Any rent paid in advance or which may have accrued by the terms of a lease or any other hiring shall be adjusted to the date of such surrender.” (New York RPL 227)

A landlord who does not intend to renew works to a separate count: under RPL 226-c, when a landlord does not intend to renew the tenancy, or offers to renew with a rent increase equal to or greater than five percent above the current rent, the landlord shall provide at least thirty days' notice to a tenant who has occupied the unit for less than one year and does not have a lease term of at least one year, sixty days' notice for more than one year but less than two years or a lease term of at least one year but less than two years, and ninety days' notice for more than two years or a lease term of at least two years (RPL 226-c(1) and RPL 226-c(2)).

For the renewal notice on a rent increase of five percent or more or a non-renewal under RPL 226-c(1), where the landlord shall provide at least thirty days' notice to a tenant who has occupied the unit for less than one year, RPL 226-c(1)(b) says notice shall not be required under the section to be provided by a cooperative housing corporation, other than one subject to article two, four, five or eleven of the private housing finance law, to a tenant who is a dwelling unit owner or shareholder of such corporation.

After damage that makes a unit hard to live in, a manager can post the repair on InstaBids with photos and compare written bids side by side.

When can a tenant withhold rent over repairs in New York?

Under Real Property Actions and Proceedings Law 755(1)(a), read 2026-10-30, upon proper proof that a notice or order to make necessary and proper repairs, or to remove or cease a nuisance or a violation, has been made by the municipal department charged with enforcing the multiple dwelling law, the multiple residence law or any other applicable local housing code, the court before which the case is pending may stay proceedings to dispossess the tenant for non-payment of rent where the condition is, in the opinion of the court, such as to constructively evict the tenant from a portion of the premises or is, or is likely to become, dangerous to life, health, or safety; the tenant shall not be entitled to the stay unless he shall deposit with the clerk of the court the rent then due (755(2)), and the court shall in no case grant a stay where the condition has been created by the wilful or negligent act of the tenant or his agent (755(1)(c)).

The deposit runs on its own clock: “The tenant or respondent shall not be entitled to the stay unless he shall deposit with the clerk of the court the rent then due, which shall, for the purposes of this section, be deemed the same as the tenant was liable for during the preceding month or such as is reserved as the monthly rent in the agreement under which he obtained possession of the premises. The stay may be vacated upon three days' notice upon failure to deposit with the clerk the rent within five days after it is due, during the pendency of the proceeding or action.” (New York RPAPL 755)

When a tenant reports a repair that could lead to rent being withheld, a manager can post that repair on InstaBids and compare written bids before picking.

Who does New York landlord tenant law cover?

The New York sections on this page set their own reach, and RPL 235-b(1) reads its warranty into every written or oral lease or rental agreement for residential premises, where the landlord or lessor shall be deemed to covenant and warrant that the premises are fit for human habitation; when a condition has been caused by the misconduct of the tenant or persons under his direction or control, it is not a breach.

GOL 7-108, read 2026-10-30, opens with the deposit section's own reach, which shall apply to all dwelling units except those section 7-107 (deposits made by tenants of rent stabilized dwelling units) refers to: “This section shall apply to all dwelling units in residential premises, unless such dwelling unit is specifically referred to in section 7-107 of this title.” (New York GOL 7-108) Its subdivision 1-a then excepts dwelling units subject to the city rent and rehabilitation law or the emergency housing rent control law, continuing care retirement communities, assisted living providers, adult care facilities, senior residential communities that have submitted an offering plan to the attorney general, and not-for-profit independent retirement communities that offer personal emergency response, housekeeping, transportation and meals to their residents.

Managers of New York rentals covered by these laws can post any unit repair on InstaBids by chat or through their own AI assistant.

New York sections a property manager works to

What to put in a written repair scope for a New York rental

• The condition in plain words, with photos, and whether it sits in the premises or in areas used in connection therewith in common with other tenants or residents, both inside the landlord's RPL 235-b(1) warranty that they are fit for human habitation.
• Any notice or order of the municipal department on the condition, with its date, since under RPAPL 755(1)(a) the court may stay proceedings to dispossess the tenant upon proper proof of one, where the tenant shall deposit with the clerk the rent then due (755(2)) and the condition was not created by the wilful or negligent act of the tenant or his agent (755(1)(c)).
• For move-out work, outside rent control and the other dwelling units the GOL 7-108(1-a) lead-in lists: the date the tenant requests an inspection, the forty-eight hours written notice of its date and time the landlord shall provide, and the repairs or cleaning proposed as deductions (GOL 7-108(1-a)(d)).
• The day the tenant vacated, because outside rent control and the other dwelling units the GOL 7-108(1-a) lead-in lists the landlord shall provide the itemized statement and return any remaining portion of the deposit within fourteen days (GOL 7-108(1-a)(e)).

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Phoning contractors one at a time, or one written scope?

Within fourteen days after the tenant has vacated, outside rent control and the other dwelling units the GOL 7-108(1-a) lead-in lists, the landlord shall provide an itemized statement and return any remaining portion of the deposit (GOL 7-108(1-a)(e)), so phoning contractors one at a time for move-out repairs eats into that window. With one written scope carrying the repair and the move-out date, you describe it once, contractors bid in writing on that scope, and you choose who gets your number.

Property managers can post a rental job on InstaBids today.

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Sources

• New York GOL 7-108, read 2026-10-30: www.nysenate.gov
• New York RPL 235-b, read 2026-10-30: www.nysenate.gov
• New York RPL 226-c, read 2026-10-30: www.nysenate.gov
• New York RPAPL 755, read 2026-10-30: www.nysenate.gov
• New York RPL 227, read 2026-10-30: www.nysenate.gov