New York Termination for Nonpayment of Rent and Other Rent Rules

Learn about New York rent rules, including rent stabilization and rent control.

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Your lease or rental agreement should spell out your landlord’s key rent rules, including:

  • the amount of rent
  •  where rent is due (such as by mail to the landlord’s business address)
  • when rent is due (including what happens if the rent due date falls on a weekend date or holiday)
  • how rent should be paid (usually check, money order, cash, and/or credit card)
  • the amount of notice landlords must provide to increase rent
  • the amount of any extra fee if your rent check bounces, and
  • the consequences of paying rent late, including late fees and termination of the tenancy.

State laws in New York cover several of these rent-related issues, including the amount of notice a landlord must provide to increase rent under a month-to-month tenancy, and how much time a tenant has to pay rent or move before a landlord can file for eviction. In addition, local rent stabilization and rent control regulations (described below) also come into play in over 50 communities in New York.

New York Rules on Late Fees  

Rent is legally due on the date specified in your lease or rental agreement (usually the first of the month).  If you don’t pay rent when it is due, the landlord may begin charging you a late fee.

Amount of Notice New York Landlords Must Give Tenants to Increase Rent

New York does not have a state statute on the amount of notice the landlord must provide tenants in order to increase the rent or change other terms of a month-to-month rental agreement. Unless your rental agreement specifies otherwise, the landlord must typically provide the same amount of notice to change the rent or another term of the tenancy as state law requires the landlord to provide when ending the tenancy—in this case, one month. Keep in mind that if you have a long-term lease, the landlord may not increase the rent until the lease ends and a new tenancy begins—unless the lease itself provides for an increase.

Different rules usually apply to rental properties covered by rent control or rent stabilization.

Rent Increases as Retaliation or Discrimination

New York landlords may not raise the rent in a discriminatory manner—for example, only for members of a certain race.  Also, New York landlords may not use a rent increase in retaliation against you for exercising a legal right—for example, in response to your legitimate complaint to a local housing agency about a broken heater.

New York State Laws on Termination for Nonpayment of Rent

States set specific rules and procedures for ending a tenancy when a tenant has not paid the rent. New York landlords must give tenants at least three days in which to pay the rent or move. If the tenant does neither, the landlord can file for eviction.

Different rules usually apply to rental properties covered by rent control or rent stabilization.

Rent Control and Rent Stabilization in New York

Millions of rental units in over 50 communities in New York State , including New York City, are covered by some form of state and/or local rent regulation—either rent stabilization or rent control.  Rent stabilization rules limit the amount of rent charged and often provide many other tenant protections as to services landlords must provide, tenancy terminations, and the like. Rent control rules set limits on rent and restrict landlords’ rights to evict tenants.

New York rent stabilization and rent control regulations are usually  very complex and change often, so check with the following agencies to see if your rental unit is covered and the exact rules that apply:

Another useful resource for New York tenants is TenantNet.

New York Guide to Tenant Rights

For an overview of tenant rights when it comes to paying rent under New York landlord-tenant law, see http://www.ag.ny.gov/sites/default/files/pdfs/publications/Tenant_Rights_2011.pdf.

New York State Laws on Termination for Nonpayment of Rent and Other Rent-Related Issues

For state rent rules and procedures on issues such as raising rent, see N.Y. Real Prop. Law § 232-b.  

For New York laws on termination for nonpayment of rent, see N.Y. Real Prop. Acts Law § 711(2).

See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.

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