Tenants Rights Guide 

Helpful Info for Renters in Central New York

Disclaimer: This guide gives general information, not legal advice. Every situation is different. For legal help, please call our Housing Preservation Line at (315) 793-7083.

Contents

1. Before You Rent

• Background Checks

• Leases

• Month-to-Month Tenancies

• Security Deposits

2. During Your Tenancy

• Rent Payments & Receipts

• Repairs & Warranty of Habitability

• Landlord Entry

• Rent Increases & Lease Termination

• Illegal Evictions

3. Moving Out

• Move-Out Inspection

• Security Deposit Return

4. Getting Help

1. BEFORE YOU RENT

Background Checks

• Fee limitation: Landlords cannot charge more than $20 for credit and background checks, and if the actual cost is less, they can only charge that amount. (Real Property Law § 238-a(1)(b))

• The landlord must provide you with (required documentation):

  • A copy of the background/credit check results

  • An invoice from the company that performed the check

  • If these aren't provided, you cannot be charged for the check

• Using your own background check: You can provide your own background and credit check to avoid fees, but it must be no older than 30 days.

• Tenant selection: Landlords may refuse to rent to you for non-discriminatory reasons not related to your membership in a protected class.

Leases

• Format options: Leases may be oral or written, though written leases are best.  Written leases help avoid disputes. 

• Signatures: All parties must sign a written lease to be bound by its terms.

• Lease copy: Landlords should provide you with a copy of the executed lease.

• Leases should include:

  • Identification of the premises

  • Names and addresses of all parties

  • Rent amount and due dates

  • Duration of lease (start and end dates)

  • Conditions of occupancy

  • Rights and obligations of all parties

• Changes: Any changes to a lease should be initialed and dated by all parties.

• Leases must be readable:

  • Use words with common, everyday meanings

  • Be clear and coherent

  • Have appropriately captioned sections

  • Use print large enough to be read easily (General Obligations Law § 5-702; CPLR § 4544)

• Pre-move-in inspection: After signing a lease, you have the right to inspect the apartment before moving in.  The landlord must make a written agreement with you about the property's condition, including a list of existing defects or damages.

Legally Unenforceable Lease Terms:

• Unconscionable clauses: Courts may refuse to enforce any lease or clause found to be unconscionable or basic standards of fairness.   (Real Property Law § 235-c)

• Specifically prohibited provisions:

  • Terms exempting landlords from liability for injuries caused by their negligence or their employees' negligence (General Obligations Law § 5-321)

  • Exempting landlords from mitigating damages if you vacate before lease expires (Real Property Law § 227-e)

  • Requiring you to pledge household furniture as security for rent (Real Property Law § 231(4))

  • Waiving the Warranty of Habitability (Real Property Law § 235-b)

  • Restricting you from living with immediate family members and/or one additional occupant and the occupant's dependent children (Real Property Law § 235-f)

Month-to-Month Tenancies

• Definition: Renters without leases who pay rent monthly, or tenants who stay past the end of a lease and the landlord accepts rent payment, are called month-to-month tenants. 

• Law that applies: Real Property Law § 232-c establishes that tenants who stay past their lease end become month-to-month tenants if the landlord accepts rent.

• Termination requirements: Tenants with month-to-month tenancies must give the landlord one month's notice before moving out. 

Security Deposits

• Maximum amount: A security deposit is limited to one month's rent. Landlords cannot ask for both security deposit and last month's rent

• Rent increases: If rent increases during your tenancy, the landlord may collect additional money to bring the security deposit up to the new monthly rent amount.

• Separate funds: Landlords cannot combine deposits with their personal funds.

• For buildings with 6+ apartments:

  • Deposits must be placed in a New York bank account earning interest at the prevailing rate

  • You must receive written notice of the bank's name, address, and deposit amount

  • Landlords may collect 1% annual administrative expenses

  • All other interest belongs to you, with options to:

    • Receive interest annually

    • Apply interest to rent

    • Receive interest at the end of the lease term

• For buildings with fewer than 6 apartments: Landlords may voluntarily place deposits in interest-bearing accounts, following the same rules as above.

• Building sale: If the building is sold, the landlord must either:

  • Transfer all security deposits to the new owner within five days, OR

  • Return the security deposits to tenants

2. DURING YOUR TENANCY

Rent Payments & Receipts

• Written receipts are required when rent is paid by:

  • Cash

  • Money order

  • Cashier's check

  • Any form other than personal check

• Personal checks: You may request a receipt in writing, and after such request, the landlord must provide receipts every month without being asked again. 

• Receipts must state:

  • Payment date

  • Amount paid

  • Apartment address

  • Period covered by payment

  • Signature and title of person receiving payment

• Record keeping: Landlords must keep proof of cash rent receipts for 3 years.

• Late payments: Rent is only considered late if received more than five days after the due date.

• Late fees: The maximum late fee is $50 or 5% of monthly rent (whichever is less).  It be specified in a written lease to be enforced. (Real Property Law § 238-a)

• Late notices: If rent is not received within five days of the due date, the landlord must provide written notice by certified mail.  This means that if rent is due on the 1st, notice cannot be given until the 6th.

Repairs & Warranty of Habitability

• Warranty of Habitability: Tenants have the right to a livable, safe, and sanitary apartment. (Real Property Law § 235-b)

  • This right is implied in every written or oral residential lease.

  • Any lease provision waiving this warranty is unenforceable.

• Examples of warranty breaches:

  • Failure to provide heat or hot water regularly

  • Failure to eliminate insect or rodent infestations

  • Failure to repair collapsing porches or floors

• Remedies if landlord breaches warranty:

  1. Make necessary repairs yourself and deduct the cost from your rent

  2. Withhold rent until the landlord makes the repairs

  3. File an Article 7-D Petition for an Order Directing Repairs/Rent Abatement (best option)

• Protection from retaliation: Landlords cannot retaliate by increasing rent or evicting you for exercising these rights. (Real Property Law § 223-b(2))

Landlord Entry

• Exclusive possession: You have the right to exclusive possession of your apartment during your tenancy.

• Permitted entry: Landlords may enter your apartment with:

  • Reasonable prior notice

  • At a reasonable time

  • With your consent

• Permissible reasons include:

  • Providing routine or agreed-upon repairs or services

  • Circumstances specified in your lease

• Denied entry: If you unreasonably withhold consent, the landlord may seek a court order to permit entry or end your tenancy.

• Emergencies: In emergencies such as fire or flood, landlords may enter without consent or prior notice.

Rent Increases & Lease Termination

Note: Different rules may apply for manufactured home parks, public housing, and for tenants who receive rental subsidies.

• Notice requirements: For rent increases of 5% or more or lease non-renewals, notice depends on tenancy length:

  • 30 days' notice: If you've occupied the unit less than one year or don't have a lease term of at least one year

  • 60 days' notice: If you've occupied the unit 1-2 years or have a lease term of 1-2 years

  • 90 days' notice: If you've occupied the unit more than 2 years or have a lease term of 2+ years

  • Law that applies: Real Property Law § 226-c

• Improper notice: If proper notice isn't given, your tenancy continues under the existing terms. 

• Refusing rent increases: If you refuse to pay an increase:

  • The landlord may seek eviction in court

  • The landlord cannot force you to pay an increase you didn't accept

  • The court will set "use and occupancy" amounts during the case

• Accepting increases: You accept a rent increase by signing a lease with the new amount or by paying the increased amount. 

• Tenant notice: Fixed-term lease tenants don't need to give notice of non-renewal, but month-to-month tenants must give one month's notice.

Illegal Evictions

• Criminal offense: Landlords who try to evict without obtaining a court-ordered warrant may be guilty of a misdemeanor. (RPAPL § 768)

• Landlords cannot evict by:

  • Changing locks

  • Removing entry doors

  • Turning off utilities

  • Removing personal property

• Proper eviction requires:

  • A notice to quit

  • A court proceeding

  • A court order

  • Service of warrant of eviction by law enforcement

  • At least 14 days' notice to move after warrant service

3. MOVING OUT

Move-Out Inspection

• Notice of rights: Landlords must give written notice of your right to a move-out inspection ("walkthrough").

• If you request an inspection:

  • The landlord must provide at least 48 hours' written notice with date and time

  • You have the right to be present during inspection

  • Inspection must occur between 1-2 weeks before move-out

• Documentation: After inspection, the landlord must provide a list of necessary repairs or cleaning.

• Listed repairs cannot include:

  • Normal wear and tear (such as carpet cleaning and painting)

  • Damages caused by previous tenants

• Opportunity to fix: You can "cure" any issues discovered during inspection.

• Deductions: Only uncorrected items from the repair list can be deducted from your security deposit.

• Move-in damage: Repairs and damages noted during move-in inspection cannot be charged to you or deducted from your deposit.

• Law that applies: General Obligations Law § 7-108

Security Deposit Return

• Within 14 days of move-out, the landlord must:

  • Return your security deposit in full, OR

  • Provide an itemized statement explaining any deductions.

• Itemized statement requirement: If the landlord fails to provide an itemized statement within 14 days, they forfeit the right to keep any part of the deposit.

4. Getting Help

For more information about the rules described here or for legal assistance, please contact LASMNY.

Legal Aid Society of Mid-New York, Inc.
Main Office: 120 Bleecker St., Utica, NY 13501
Housing Preservation Line: (315) 793-7083