NY · Renter law

Which lease clauses are illegal in New York?

New York caps application fees, deposits and late charges, and protects your right to a roommate. Here’s what each problem clause looks like on the page and what the statute says.

Updated October 15, 2026 · 8min read · How we check the law

The short answer

In New York, a lease can’t charge an application fee over $20, a late fee over $50 or 5% of rent (or any late fee before day five), or a deposit and advance totaling more than one month’s rent. It also can’t ban roommates, ban subletting outright in a building of four or more units, or make legal fees run only in the landlord’s favor (N.Y. Real Prop. Law §§ 238-a, 235-f, 226-b, 234; Gen. Oblig. Law § 7-108).

Below are 10 lease clauses that New York law voids or limits, each with an example of how it tends to read in a real lease and the statute behind it. A landlord can still print them; what the law decides is whether they can be enforced against you.

10 lease clauses that break New York law

1. An application fee over $20

Lease language to watch for
“A non-refundable application and processing fee of $100 is due with this application.”
What the law saysN.Y. Real Prop. Law § 238-a
A landlord may not charge more than the actual cost of the background and credit check or $20, whichever is less, and must waive even that if you bring a check done in the last 30 days. There is no lawful “non-refundable application fee” in New York.
Read the official text

2. A late fee over $50, or before day five

Lease language to watch for
“Rent received after the 1st of the month is subject to a $100 late charge.”
What the law saysN.Y. Real Prop. Law § 238-a
A late fee may not exceed $50 or 5% of the monthly rent, whichever is less, and can’t be charged unless rent is still unpaid five days after it’s due.
Read the official text

On any rent above $1,000, the most a New York landlord can charge for a late payment is $50.

More detail: New York late fee rules and calculator.

3. A deposit plus last month’s rent

Lease language to watch for
“Tenant shall pay first month’s rent, last month’s rent, and a security deposit equal to one month’s rent.”
What the law saysN.Y. Gen. Oblig. Law § 7-108
For a non-regulated apartment, the security deposit and any advance payment combined may not exceed one month’s rent. A full deposit plus a separate last month’s rent is over the limit.
Read the official text

More detail: New York security deposit limit.

4. Keeping the deposit longer than 14 days

Lease language to watch for
“Landlord shall return the security deposit within 60 days after Tenant vacates.”
What the law saysN.Y. Gen. Oblig. Law § 7-108
Within 14 days after you move out, the landlord must give you an itemized statement of deductions and return the rest. A landlord who misses that deadline forfeits the right to keep any of the deposit.
Read the official text

More detail: New York security deposit limit.

Lease language to watch for
“Tenant shall reimburse Landlord for all attorney’s fees incurred in enforcing this Lease.”
What the law saysN.Y. Real Prop. Law § 234
When a lease lets the landlord recover attorney’s fees from you, the law reads in an equal right for you to recover your fees when the landlord breaches. Any waiver of that is void.
Read the official text

6. A ban on roommates

Lease language to watch for
“The Premises shall be occupied solely by the Tenant named above.”
What the law saysN.Y. Real Prop. Law § 235-f
It is unlawful to restrict occupancy to the named tenant. A lease signed by one tenant allows that tenant, their immediate family, one additional occupant and that occupant’s dependent children, as long as the tenant or spouse lives there as their primary residence.
Read the official text

7. An absolute ban on subletting (buildings with 4+ units)

Lease language to watch for
“Tenant shall not sublet the Premises under any circumstances.”
What the law saysN.Y. Real Prop. Law § 226-b
In a building with four or more apartments, you may sublet with the landlord’s advance written consent, and consent can’t be unreasonably withheld. A lease clause waiving this right is void.
Read the official text

8. Entry at any time

Lease language to watch for
“Landlord may enter the apartment at any time, with or without Tenant present.”
What the law saysN.Y. Real Prop. Law § 235
New York sets no fixed number of hours of notice, but entry must be for a reasonable purpose such as repairs or showings, on reasonable notice, at reasonable times. An open-ended right to enter at will interferes with your quiet enjoyment.
Read the official text

9. Lockouts or utility shutoffs on default

Lease language to watch for
“If Tenant defaults, Landlord may change the locks and remove Tenant’s property.”
What the law saysN.Y. Real Prop. Acts. Law § 768
Evicting someone who has lived in a unit 30 days or more without a court case is unlawful, including changing the locks, removing belongings, or cutting off heat, water or electricity. It carries civil penalties of $1,000 to $10,000 per violation.
Read the official text

10. A big rent increase on short notice

Lease language to watch for
“Landlord may adjust the rent at any time upon 15 days’ notice.”
What the law saysN.Y. Real Prop. Law § 226-c
Before raising rent more than 5% or declining to renew, a landlord must give written notice of 30, 60 or 90 days depending on how long you’ve lived there (under one year, one to two years, or two years or more).
Read the official text

It helps to know what isn’t a violation, so you can spend your negotiating energy on the lines that are. These terms are lawful in New York:

  • Requiring consent before you assign the lease. Assignment (handing the whole lease to someone else) needs the landlord’s written consent, which can be withheld without cause. If it’s unreasonably withheld, you can be released from the lease on 30 days’ notice. (N.Y. Real Prop. Law § 226-b)

If your lease has one of these clauses

Before you sign: ask for the line to be removed or rewritten, and quote the citation from the card above. Something like: “This clause conflicts with New York law, so I’d like it struck before I sign.” How a landlord responds tells you a lot about renting from them.

After you’ve signed: a clause the law voids doesn’t become enforceable because it’s in a lease you signed. If a landlord tries to enforce one, a short written reply citing the statute is usually the first step. For an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.

If one of these is in your lease, it’s worth checking the rest, including the addenda and rules pages, which can carry problem clauses as easily as the main form.

See everything we check in a New York lease

Questions renters ask

Can a New York landlord charge first, last and a security deposit?

Not for a non-regulated apartment. The security deposit and any advance payment combined can’t exceed one month’s rent, so a full deposit plus a separate last month’s rent is over the limit.

What’s the maximum late fee in New York?

$50 or 5% of the monthly rent, whichever is less, and only after rent is still unpaid five days past the due date. On rent above $1,000 the cap works out to $50.

Can my New York lease ban roommates?

No. The Roommate Law lets a tenant who signed alone live with immediate family plus one additional occupant and that occupant’s dependent children, as long as the tenant or spouse lives there as a primary residence.

Sources & statutes

More for New York renters

Keep reading

LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.