Signing a Lease in New York? 7 Red Flags — and the Rules Your Landlord Can't Override

Good news first: New York gives tenants real protection

Since 2019, New York has some of the strongest residential tenant protections in the country. Several of them cannot be waived, no matter what the lease says or what you signed.

The catch is that most tenants don't know the rules, so they never notice when a lease contradicts them — and by the time it matters, they're arguing about it instead of preventing it.

Here's what to look for.

1. A security deposit larger than one month's rent

The rule: a deposit or advance may not exceed one month's rent (General Obligations Law § 7-108; § 7-107 for rent-stabilized units). A landlord cannot require first month, last month, and a security deposit. Any waiver of this is void. The cap does not apply to rent-controlled units.

The red flag: a lease or broker asking for "first, last, and one month security." A landlord may lawfully collect the first month's rent plus a one-month security deposit — two months total. Asking for three is one month more than the law allows.

2. No mention of your inspection rights

The rule: after you sign but before you move in, the landlord must offer you the chance to inspect the unit together and record existing damage in a written, signed condition statement. That statement is admissible as evidence, which makes it very difficult for the landlord to later charge you for damage it shows was already there. Before you move out, the landlord must notify you of your right to request an inspection — held between one and two weeks before the tenancy ends, with at least 48 hours' written notice (GOL § 7-108(1-a)(c)–(d)).

Why it matters: this is the cheapest insurance available against a disputed deposit. Take photos either way.

3. Late fees above the legal cap

The rule: no late fee until rent is five days late, and the fee cannot exceed $50 or 5% of the monthly rent, whichever is less (Real Property Law § 238-a). On $2,500 rent, 5% is $125 — so your cap is $50.

Also capped: application fees. A landlord may charge for a background and credit check only, limited to the actual cost or $20, whichever is less — and must waive it entirely if you provide a check completed within the past 30 days. Other "processing," "administrative," or "application" fees at the start of a tenancy are prohibited.

The red flag: a lease with a $150 late fee, a $75 "processing fee," or a $100 application fee. Those provisions are unenforceable, and a lease clause purporting to waive these caps is void.

4. Vague security deposit return language

The rule: within 14 days after you vacate, the landlord must give you an itemized statement of any deductions and return the rest. If the landlord misses the 14 days, the landlord forfeits the right to keep any portion of the deposit (GOL § 7-108(1-a)(e)). The landlord bears the burden of proving deductions were reasonable, and a willful violation can expose the landlord to punitive damages of up to twice the deposit.

The red flag: language like "deposit to be returned within a reasonable time" or "landlord may retain deposit for cleaning and administrative costs." Ordinary wear and tear is not chargeable.

5. Clauses shifting major repairs to you

The rule: every residential lease in New York carries an implied warranty of habitability, and any lease provision waiving or modifying it is void as contrary to public policy (RPL § 235-b). Heat, hot water, working plumbing, and a safe, livable unit are the landlord's obligation.

The red flag: "Tenant is responsible for all repairs and maintenance," or "Tenant accepts the premises as-is and waives all claims regarding condition." A clause moving heating-system or plumbing repair to you is unenforceable — but expect to spend energy proving it.

6. No notice protection for rent increases or non-renewal

The rule: if a landlord wants to raise your rent by 5% or more, or does not intend to renew your tenancy, advance written notice is required (RPL § 226-c):

●30 days if you've occupied less than one year (and have no lease of at least a year)

●60 days if between one and two years

●90 days if more than two years

If the landlord fails to give timely notice, your tenancy continues on the existing terms until the required notice period runs — regardless of what the lease says.

Also worth knowing: New York's Good Cause Eviction law took effect April 20, 2024 and applies automatically in New York City (RPL Article 6-A). For covered tenants, a landlord generally needs a legally recognized reason to evict or refuse renewal, and a rent increase above the lower of 10% or 5% plus CPI is presumptively unreasonable. Important exemptions apply (RPL § 214) — small landlords, owner-occupied buildings of no more than 10 units, co-ops and condos, buildings with a certificate of occupancy issued on or after January 1, 2009 (exempt for 30 years from issuance), and units above a high-rent threshold set at 245% of HUD fair market rent. Your lease must state whether you're covered.

Two cautions. The "small landlord" unit threshold varies by locality — it is 10 units in New York City, but several municipalities that opted in use a much lower number. And the high-rent figure is republished annually, so the current-year threshold has to be checked rather than assumed. The law is also scheduled to sunset on June 15, 2034.

7. Broker fees a landlord's agent can't legally charge you (NYC)

The rule: under NYC's FARE Act (Local Law 119 of 2024), effective June 11, 2025, a broker who represents the landlord — including an agent who published the listing — cannot charge the fee to you. All fees a tenant must pay have to be disclosed clearly in the listing, and you're entitled to a signed itemized fee disclosure before lease signing. Tenants have a private right of action.

The real estate industry challenged the law. The challenge failed at the district court and the Second Circuit affirmed on July 13, 2026. The FARE Act has been in effect continuously since June 2025.

The red flag: being asked for a 12–15% broker fee by the agent who showed you a listing they posted for the landlord. You may still hire and pay your own broker — but that's your choice, not a condition of the apartment.

One more thing: attorney's fees and eviction

If your lease says the landlord can recover attorney's fees from you, New York law gives you a reciprocal right to recover yours (RPL § 234) — that can't be waived, and a landlord cannot recover fees on a default judgment.

Separately, no landlord in New York may lock you out, remove your door, change the locks, or shut off services to force you out. Only a court-issued warrant, executed by a marshal, sheriff, or constable, can evict you — and the officer must give at least 14 days' written notice and act on a business day between sunrise and sunset. An intentional unlawful eviction is a class A misdemeanor, carries a civil penalty of $1,000 to $10,000 per violation, and can expose the landlord to treble damages (RPAPL §§ 749, 768, 853).

If you're rent-stabilized

The NYC Rent Guidelines Board sets the permitted increase by lease start date, so check which order applies to you:

●Renewal leases commencing October 1, 2025 – September 30, 2026: 3% for one year, 4.5% for two years (Apartment and Loft Order #57).

●Renewal leases commencing October 1, 2026 – September 30, 2027: 0% for both one-year and two-year renewals (Order #58, adopted June 25, 2026).

These are the guideline increases only. Separately approved adjustments — such as Major Capital Improvements (MCI) or Individual Apartment Improvements (IAI) — can lawfully sit on top. If your renewal offer exceeds the applicable guideline and no such adjustment has been approved, it's worth having someone check it.

Have a lease to sign? Have someone read it who knows these rules.

Zhou Law, P.C. offers flat-fee residential lease review starting at $299 — written attorney comments and an annotated lease, typically within 2–3 business days. No hourly billing.

Call +1 (212) 201-6134 or book a free 30-minute consultation.

We regularly represent owners of restaurants, nail salons, laundromats, and retail businesses across New York City.

This article is general information about New York law, not legal advice, and does not create an attorney-client relationship.