Two ways to rent in New York
The same free builder makes both — pick the one that fits and the agreement adapts automatically.
Standard Residential Lease Agreement
A fixed-term lease with set start and end dates (usually one year) — best for a long-term tenant.
Create a fixed-term leaseMonth-to-Month Rental Agreement
A flexible tenancy that renews each month and ends with proper written notice from either party.
Create a month-to-month agreementOverview
Renting out a home in New York? A residential lease agreement is the contract that protects both sides — it sets the rent, the term, the deposit, and the rules the landlord and tenant agree to, and it's your proof of what was agreed if a dispute ever comes up. New York tenancies are governed by the Real Property Law and the General Obligations Law, as reshaped by the Housing Stability and Tenant Protection Act.
New Yorklease rules & requirements
Security deposit
Under General Obligations Law 7-108, a New York security deposit (and any advance) cannot exceed one month's rent. After the tenant moves out, the landlord must return the deposit, with an itemized statement of any deductions, within 14 days. Missing that 14-day deadline forfeits the landlord's right to keep any part of the deposit.
Late fees
Under Real Property Law 238-a, a late fee cannot exceed $50 or 5% of the monthly rent, whichever is less, and it can only be charged once rent is more than 5 days late. Unpaid late fees are not treated as rent for eviction purposes.
Landlord entry & notice
New York has no statewide statute setting how much notice a landlord must give before entering, so the lease controls (some local rules, such as in New York City, address access). Spelling out a notice window — 24 hours is standard — protects both the landlord and the tenant.
Required disclosures
The landlord must state in the lease whether the building has a sprinkler system under Real Property Law 231-a, provide a bedbug infestation history disclosure, and give the federal lead-based-paint disclosure for homes built before 1978. New York City adds annual lead-paint and window-guard notices.
Ending the lease
A fixed-term lease simply ends on its end date. Under Real Property Law 226-c, ending a month-to-month tenancy requires written notice scaled to length of occupancy: 30 days if under a year, 60 days for one to two years, and 90 days for two years or more.
Does it need notarizing?
No. A New York residential lease doesn't need to be notarized or witnessed — it's binding once the landlord and tenant(s) sign. Each party should keep a signed copy.
This is general information, not legal advice. Confirm the current rules under New York law (Real Property Law and General Obligations Law 7-108).
How to write a New York lease agreement
- 1
Choose the lease type — a fixed-term lease (set start and end dates) or a month-to-month tenancy.
- 2
Add the property details and the landlord's and tenant(s)' full legal names and addresses.
- 3
Set the monthly rent, the due date, accepted payment methods, and any late fee ($50 or 5% of rent, whichever is less).
- 4
Set the security deposit (capped at one month's rent) and when it's returned, plus any pet, parking, smoking, or utility terms.
- 5
Add the required disclosures (sprinkler, bedbug history, and lead-based paint for pre-1978 homes) and any house rules.
- 6
The landlord and every tenant sign and date the lease — and each keeps a copy.
Ready to create your New York lease agreement?
Fill the form, watch it build live, and download the PDF — free, no signup.
Open the free builderWhat to include
- Landlord & tenant(s) — names and addresses
- Property, lease type & term
- Rent — amount, due date & payment methods
- Security deposit, late & NSF fees
- Pets, parking, smoking & utilities
- Disclosures & signatures
New York lease agreement FAQ
Does a New York residential lease need to be notarized?
No. A residential lease in New York doesn't have to be notarized or witnessed. It's legally binding once the landlord and tenant(s) sign it.
Is there a limit on the security deposit in New York?
Yes. Under General Obligations Law 7-108, the deposit and any advance cannot exceed one month's rent. The landlord cannot collect more than that.
How long does a New York landlord have to return the deposit?
14 days after the tenant moves out, with an itemized statement of any deductions. Missing the 14-day deadline forfeits the landlord's right to keep any part of the deposit.
How much can a late fee be in New York?
No more than $50 or 5% of the monthly rent, whichever is less, under Real Property Law 238-a. It can only be charged once rent is more than 5 days late.
How much notice ends a month-to-month lease in New York?
It depends on how long the tenant has lived there, under Real Property Law 226-c: 30 days if under a year, 60 days for one to two years, and 90 days for two years or more.
Does the landlord have to give notice before entering?
New York has no statewide statute setting a notice period, so the lease governs (though local rules may apply). A 24-hour notice clause is standard and protects both sides.
What must a New York lease disclose?
Whether the building has a sprinkler system (Real Property Law 231-a), the bedbug infestation history, and the federal lead-based-paint disclosure for pre-1978 homes. New York City adds annual lead-paint and window-guard notices.
Is this New York lease agreement really free?
Yes — completely. Fill it in, preview it live, and download the PDF with no signup, no credit card, and no watermark. Unlike sites that charge a fee or push a subscription to download, there's nothing to pay here.