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NY · Tier 1 — primary-source verified

New York residential lease decoder

Plain-English per-clause-type enforceability for New York residential leases. Each rule below pins to the New York state-legislature citation when verified, or to a "pending verification" placeholder when it isn't — never a guess.

5 of 12 clause types primary-source verified. Verify directly at the New York legislature

Analyzer · residential lease

Decode a clause

Paste a clause excerpt — your text never leaves the browser. Or pick a clause type to read its 50-state enforceability grid.

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Clause by clause

Clause-by-clause rules

12 most-litigated residential lease clauses. Verified rules lead; the rest are honestly labeled pending verification, each linked to the state legislature.

  1. late-fee-caps

    Late-fee schedule

    State-restricted

    Late fees on residential leases are capped at the lesser of 5% of monthly rent or $50; fees cannot be charged until rent is more than 5 days late.

    Source · N.Y. Real Prop. Law §238-a(2) · primary source · last verified 2026-05-08

  2. security-deposit

    Security-deposit caps and return timelines

    State-restricted

    Security deposits on residential rentals are capped at one month's rent (Housing Stability and Tenant Protection Act of 2019). Landlords must return deposits within 14 days of move-out with an itemized statement.

    Source · N.Y. Gen. Oblig. Law §7-108 · primary source · last verified 2026-05-08

  3. habitability-waiver

    Habitability waiver

    Void / non-waivable

    The warranty of habitability cannot be waived or modified by lease language. Any term to that effect is void as against public policy.

    Source · N.Y. Real Prop. Law §235-b · primary source · last verified 2026-05-08

  4. non-disclosure

    Non-disclosure / non-disparagement

    Void / non-waivable

    Lease provisions waiving the right to a jury trial in personal-injury or property-damage actions are void.

    Source · N.Y. Real Prop. Law §259-c · primary source · last verified 2026-05-08

  5. late-rent-eviction

    Pay-or-quit / eviction notice timing

    State-restricted

    Landlord must serve a 14-day written demand for rent before commencing a non-payment summary proceeding.

    Source · N.Y. Real Prop. Acts. Law §711(2) · primary source · last verified 2026-05-08

7 clause types pending verification for New York

  • Pet fees, pet rent, pet deposits

    Pending verification

    General doctrine across states: State security-deposit-cap statutes plus federal FHA accommodations (42 U.S.C. §3604) for assistance animals.

  • Automatic renewal of the lease

    Pending verification

    General doctrine across states: State-statute auto-renewal restrictions; consumer-protection auto-renewal disclosure requirements (where they apply to leases).

  • Attorney-fee-shifting clause

    Pending verification

    General doctrine across states: Attorney-fee-reciprocity statutes (e.g., Cal. Civ. Code §1717); American Rule background.

  • Repair-obligation shifting

    Pending verification

    General doctrine across states: Implied warranty of habitability (Javins v. First National Realty, 1970) — recognized by statute or common law in nearly every state.

  • Mandatory arbitration / jury-trial waiver

    Pending verification

    General doctrine across states: Federal Arbitration Act (9 U.S.C. §1-16); state-specific lease arbitration disclosure rules; unconscionability defense.

  • Sublease and assignment

    Pending verification

    General doctrine across states: Reasonable-consent default rule (jurisdiction-dependent); restraint-on-alienation doctrine.

  • Holdover-tenant rent multiplier

    Pending verification

    General doctrine across states: Holdover tenancy doctrine; liquidated-damages reasonableness; state-specific holdover-rent statutes.

Not legal advice. LeaseRedFlag is informational only. We are not a law firm; we don't represent you. State landlord-tenant law evolves annually — verify any rule directly with the New York legislature link above before relying on it. For lease disputes that matter, talk to a licensed real-property or tenant-rights attorney in New York.