Rent payment laws in New York are set by the state government and can vary depending on the type of rental property and the city or county in which it is located. In general, tenants are expected to pay their rent on time, and landlords are allowed to charge late fees if rent is not paid on time.
The state of New York updated its rental legislation in 2019. The new law strengthened rights for renters throughout the entire state, especially those who reside in flats not currently covered by rent control rules. Currently, if a landlord wants to raise the rent by more than 5%, they must give tenants up to 90 days’ notice. State legislation regarding grace periods and late fees for rent is also more explicit. There are Landlord Tenant laws in the state of New York that help to protect both parties.
New Eviction Laws In New York 2023 – 2024
New York State has introduced a new act called the “winter moratorium on evictions act of 2023” to prohibit residential evictions during the winter months. The legislation aims to address the scarcity of affordable housing in New York, which puts families and individuals at a heightened risk of eviction, displacement, and homelessness. The winter moratorium on evictions act of 2023 is intended to reduce the risk of homelessness and protect tenants’ rights. The Governor’s FY 2023 Budget includes $35 million for legal services and representation for eviction cases outside of New York City, building on $25 million in funding for these services in the previous year. Here are some key updates to the eviction laws in New York in 2023:
- The winter moratorium on evictions act of 2023 prohibits residential evictions during the winter months.
- The legislation aims to address the scarcity of affordable housing in New York, which puts families and individuals at a heightened risk of eviction, displacement, and homelessness.
- The Governor’s FY 2023 Budget includes $35 million for legal services and representation for eviction cases outside of New York City, building on $25 million in funding for these services in the previous year.
- In New York State, eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court.
- The marshal must now serve a 14-day notice upon the tenant prior to execution of the warrant of eviction.
These updates to the eviction laws in New York in 2023 are aimed at protecting tenants’ rights and reducing the risk of homelessness. It is important for tenants and landlords to understand these changes and their corresponding obligations and responsibilities.
Electronic Payment Is Not Required By Landlords
In general, landlords in New York are allowed to require tenants to pay rent electronically, as long as the tenant has been given the option to pay rent by other means, such as by check or money order. However, there are some restrictions to consider:
In New York City, landlords are prohibited from requiring tenants to pay rent through electronic means if the tenant is unable to pay rent electronically due to a lack of access to the internet or other technological barriers.
New York State has also passed a law that limits the ability of landlords to demand electronic rent payments. The new law states that landlords must allow tenants to pay rent by mail, personal delivery, or automatic bank account debit. Tenants may also opt to pay rent electronically if they prefer, but it cannot be mandated.
Receipts Are Required Unless The Rent Is Paid By Check
In New York, unless the tenant pays with a personal check, landlords must give tenants a written receipt when they pay the rent. If the tenant pays the landlord directly, the receipt must be provided right away; otherwise, it must be provided within 15 days if the tenant pays the landlord’s employee or agent. It should contain:
- The date
- The amount paid
- The address of the rental and the time period
- The signature and title of the person accepting the rent
Even if a renter pays by check, they can still ask the landlord for receipts for their payments (in writing). Unless they indicate otherwise, that request is still in force for the remainder of their tenure.
Rent Grace Period NYC
In New York, there is a rent grace period of five days for non-regulated apartments. This means that landlords must provide tenants with a grace period of five days to pay rent before imposing late fees or taking further action. If a tenant fails to pay rent on time, the landlord is required to provide the tenant with a written notice, also called “notice to cure” or “notice of nonpayment,” stating the amount of rent due and the date by which the rent must be paid before the landlord can initiate eviction proceedings. If a landlord fails to provide a written notice, the tenant may continue to occupy the apartment under the existing lease from the date the landlord does give notice until the date the notice period expires.
Late Rent Payment
Late rent payment in New York is a serious issue that can lead to eviction proceedings. Here are some important things to know:
- Late fees: According to New York State law, landlords can charge up to $50 or 5% of the monthly rent as a late fee. However, the landlord must wait until ten days have passed from the due date before charging one, and in the case of a weekly renter, the waiting period is five days.
- A written demand for payment: If a tenant fails to pay rent on time, the landlord can serve a written demand for payment of past due rent. The tenant then has three days to pay the total rent due or surrender possession of the premises to the landlord. If the tenant fails to do so, the landlord can commence summary proceedings to evict the tenant.
- Eviction proceedings: If a tenant fails to pay rent on time and does not respond to a written demand for payment, the landlord can commence summary proceedings to evict the tenant. The tenant will receive a notice of petition and petition and will have the opportunity to appear in court to defend against the eviction.
- Communication with the landlord: If a tenant is experiencing financial difficulties and cannot pay rent on time, it is important to communicate with the landlord as soon as possible. The tenant can ask the landlord for an extension or a payment plan and should be prepared to explain the situation and provide documentation if necessary.
Late Rental Payment Notice In NY
A late rent notice is a formal written notice that a landlord gives to a tenant when the rent is already late and requests that the tenant remit payment as soon as possible. In New York, landlords must give tenants a grace period of at least three days to pay rent before a late fee can be imposed. If a tenant fails to pay rent on time, the landlord is required to provide the tenant with a written notice, also called “notice to cure” or “notice of nonpayment,” that states the amount of rent due and the date by which the rent must be paid before the landlord can initiate eviction proceedings.
The notice should include essential information such as the apartment unit number, the tenant’s and landlord’s names, and all other terms and conditions related to the payment terms outlined in the lease (i.e. rent amount and payment due dates). If a tenant has only been late once, landlords often send this notice as a courteous and formal reminder that rent is due. When a tenant continues to be delinquent or is late on multiple occasions, the landlord may send a notice to pay rent or quit or an eviction notice to end the Lease Agreement.
Landlords Must Give 14 Days’ Notice Before Starting To Evict In New York
In New York, the amount of notice that a landlord must give before starting eviction proceedings can vary depending on the reason for the eviction. In general, there are two types of evictions in New York: non-payment of rent and holdover.
- Non-payment of rent: If a tenant has failed to pay rent, the landlord must first serve the tenant with a notice to cure, giving them a specific number of days to pay the rent or vacate the property. After that period has passed, the landlord can then file a petition for eviction with the court. The notice period before filing the petition with the court must be at least 3 days
- Holdover: If the tenant is being evicted for a reason other than non-payment of rent, such as violating the terms of the lease or remaining in the rental unit after the lease has ended, the landlord must give the tenant a notice to quit before starting eviction proceedings. The amount of notice required for a holdover eviction can be different from 3 days to 30 days depending on the specific lease agreement.
Please note that this is general information and it’s always recommended to check with the local government or a lawyer for current and accurate information about eviction procedures in New York.
Landlords Can’t Raise The Rent In Retaliation Against A Tenant
- Like many other states, New York protects a tenant’s right to:
- File a complaint if the landlord has allegedly violated health or safety laws or the warranty of habitability
- Enforce rights under the lease, the warranty of habitability, or any other state or federal law
- Participate in a tenant’s organization
- Longer than many other states, New York protects tenants from landlord reprisals. It is presumed that a landlord acted in retaliation if they increase a tenant’s rent or refuse to renew their lease within a year after the renter takes one of the preceding actions. 6 The landlord has the responsibility of demonstrating that they didn’t act in retribution if the matter goes to court.
Tenants Must Be Notified Of Rent Hikes Over Five Percent
If a landlord intends to renew a tenant’s lease with a rent increase equal to or greater than 5% of the current rent, the landlord must provide written notice. The amount of notice required depends on how long a tenant has occupied the premises:
- Less than one year: If a tenant has been in an apartment for less than one year (and has a lease term of less than a year), a landlord must give 30 days’ notice of a rent increase.
- One to two years: If a tenant has been in the apartment for more than a year but less than two years—or has a lease term of at least one year but less than two years—60 days’ notice is required.
- More than two years: If a tenant has occupied a unit for more than two years—or has a lease term of at least two years—90 days’ notice is required.
If a landlord fails to provide written notice, the tenant may continue to occupy the apartment under the existing lease from the date the landlord does give notice until the date the notice period expires.
Landlords were already required to give 90 to 120 days’ notice of rent hikes to tenants living in rent-controlled or rent-stabilized apartments. So, this law extends similar benefits to renters living in unregulated apartments throughout New York.
Several New York Cities Have Rent Control Laws
New York State has a centralized framework for rent regulation, which includes two categories:
- Rent control, which applies to apartments built before 1947
- Rent stabilization, which applies to apartments built between 1947 and 1974
Cities can decide to adopt this framework based on certain factors, including vacancy rate. Some cities in Nassau, Westchester, and Rockland counties have rent regulations, for instance. New York City has the most robust rent control policies in the state, and rent regulation there is actually managed by a different office than the rest of New York.
