This video is brought to you by a mareusa.com, where you can screen tenants 24 hours a day, seven days a week. In this episode, we will be discussing New York landlord-tenant laws. The following is a summary of landlord-tenant laws in the state of New York as they apply to residential rental property. Topics include disclosures, withholding rent, the right to enter, security deposits, eviction, increasing rent, and more. Security deposit limit: New York State has no limit on security deposits for non-regulated units. However, New York City, among other jurisdictions with rent-controlled or rent-stabilized units, may have local caps imposed. Security deposit storage: New York state requires a security deposit to be kept separate from the landlord's personal assets but does not require the deposit to be made in a financial institution unless the landlord owns a residential building consisting of at least six units. In such cases, the landlords must use a financial institution physically located somewhere in the state of New York. Deadlines for returning a security deposit: The security deposit must be returned within a reasonable time, usually within 30 days after the tenant has vacated and returned the keys. Security deposit interest: Non-regulated residential buildings of six units or more require interest to be paid to tenants either in the form of a credit off the monthly rent, an annual payment, or one lump sum at the end of tenancy. It's up to the tenant to choose. Late fees: The collection of late fees must be addressed in the lease agreement and comply with local tenancy legislation in order to be enforceable. Increasing rent: There is no state statute for raising rent in New York. Local jurisdictions with rent control or rent stabilization laws provide enforcement for their specific terms. For all areas not governed by rent control or stabilization,...
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How to Evict a Tenant in NYC for Non-Pay Rent : If you want to evict a tenant whose landlord does not charge your tenant an amount of money, you must give them 30-days notice before you ask for the eviction. Notify the Eviction: 30-days prior to the date that the notice should have rung off: Letter Notifying Your Landlord of a Non-Pay Rent: If your tenant refuses to pay you, the notice period is not valid, and they are not liable for any fees or costs associated with the eviction. If you have to give written notice, the period of notice must run down to the day that the Notice is served. If you live in a rent controlled building, your tenant must pay a security deposit. The eviction notice must specify the amount you owe and the deadline for payment. If you live in a rent-stabilized building (such as a co-op or condo), your tenant has the right to request that you either provide him or her with the required papers or he or she can request a judge's permission to stay in the rental unit for 90 days. If you have a lease, you must give 30-days notice before you proceed with the eviction proceedings. If you don't give 30-days notice or do not give proper notice, your tenant can challenge the eviction at any time. You may be liable for legal fees if your tenant files suit against you. See NY Rent Board for details. Eviction Procedures — NYS TAXES AND TAX EXEMPTIONS Section 3-401 : Eviction Proceedings In the event that the landlord wishes to evict the tenant for non-payment of rent or damages caused by the tenant through willful or wanton misconduct, the landlord must file an application in the appropriate judicial district clerk's office and then file an answer to the tenant's petition. The hearing shall be conducted to determine whether the tenant has made a good faith error in paying rent on time. The hearing must be held within 30 days of the filing of the petition and the tenant must not be evicted for willful or wanton misconduct as a result of the failure to appear in court on the date and at the time of the hearing. If the tenant is found to have willfully or wantonly violated the rental agreement or failed to pay rent, the landlord must give the tenant a written notice of termination of occupancy.
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