Posts Tagged ‘ New York ’

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Jeff, many thanks for processing this for me in record time.  It was most helpful, AND the apartment was rented!
Marrgo
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Accurate Credit Bureau Landlord Advice Tenant Security Deposit

Deadline for Returning Security Deposits by State

The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.

Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage

Accurate Credit Bureau New York Landlord Tenant Law

New York Landlord Tenant Law Regulations

To download a New York rental application or New York rental lease go to free applications.

Security Deposit Maximum: No Statute (source)
Security Deposit Interest: If the rental property contains 6 or more family dwellings, landlord is required to keep the deposit in a New York interest-bearing bank account and collect interest on behalf of the tenant. (N.Y. GOL §§ 7-103(2-a))
Separate Security Deposit Bank Account: Landlord cannot mingle deposit funds with personal funds. (N.Y. GOL §§ 7-103(1)) If the rental property contains 6 or more family dwellings, landlord is required to keep the deposit in a New York interest bearing bank account. (N.Y. GOL §§ 7-103(2-a))
Pet Deposits and Additional Fees: No Statute
Deadline for Returning Security Deposit: Any “reasonable” amount of time. (source)
Security Deposit can be withheld for: (source)
Damages beyond normal wear and tear
Reimbursement for unpaid rent
Require Written Description / Itemized List of Damages and Charges: No Statute
Record Keeping of Deposit Withholdings: No Statute
Transfer of Property Ownership: Deposit must be transferred within 5 days of property transfer. Landlords must notify tenants, by registered or certified mail, of the name and address of the new owner. (N.Y. GOL §§ 7-105)
Receipt of Deposit: Landlord shall provide tenants with the name and address of the banking organization in which the deposit of security money is made, and the amount of such deposit. (N.Y. GOL §§ 7-103(2))
Lease, Rent & Fees:

Rent Is Due: No Statute
Rent Increase Notice: No Statute
Automatic Lease Renewal: Landlord must give the tenant advance notice of the existence of an auto-renewal clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. (source)
Rent Grace Period: No Statute
Late Fees: No Statute
Prepaid Rent: No Statute
Returned Check Fees:Yes, if it is specified in the lease, and must not be more than $20. (N.Y. GOL §§ 5-328)
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (N.Y. RPL §§ 235-a)
Tenant Allowed to Repair and Deduct Rent: Yes, under some circumstances. (N.Y. RPL §§ 235-b)
Landlord Allowed to Recover Court and Attorney Fees: Yes (N.Y. RPL §§ 234)
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No Statute, but previous Civil Court cases have ruled that the landlord does have a responsibility to mitigate damages.
Receipt of Rent: Landlord must provide a written receipt for rent paid in the form of cash or any instrument other than personal check of tenant (unless receipt of check is requested). (N.Y. RPL §§ 235-e)
Electronic Rent Payments: A landlord shall not require a lessee or tenant to use an electronic billing and/or payment system as the only method for the payment of rent. (N.Y. RPL §§ 235-g)
The following lease provisions are prohibited and void: (source)
Exempting landlords from liability for injuries to persons or property caused by the landlord’s negligence, or that of the landlord’s employees or agents
Waiving the tenant’s right to a jury trial in any lawsuit brought by either of the parties against the other for personal injury or property damage
Requiring tenants to pledge their household furniture as security for rent
General Obligations Law § 5-321; Real Property Law § 259-c and § 231.
Notices and Entry:

Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed to terminate a lease with a definite term, outside of NYC. (N.Y. RPL §§ 232-b)
Notice to Terminate Tenancy – Month-to-Month Lease: One month if outside NYC. (N.Y. RPL §§ 232-b) 30 days if in NYC. (N.Y. RPL §§ 232-a)
Notice of Date/Time of Move-Out Inspection: No Statute
Notice of Termination of Lease for Nonpayment: 10 days to Remedy or Quit. (N.Y. RPL §§ 751(1))
Notice of Termination for Lease Violation: 10 days to Remedy or Quit. (N.Y. RPL §§ 753(4))
Required Notice before Entry: No Statute, but at least 24 hours notice is recommended.
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No Statute, but at least 24 hours notice is recommended.
Entry Allowed with Notice for Showings: No Statute, but at least 24 hours notice is recommended.
Emergency Entry Allowed without Notice: No Statute
Entry Allowed During Tenant’s Extended Absence: No Statute
Notice to Tenants for Pesticide Use: No Statute
Lockouts Allowed: No (source)
Utility Shut-offs Allowed: No (source)
Disclosures and Miscellaneous Notes:

Copy of the Lease: In NYC, The landlord shall provide the tenant with a copy of any written rental agreement within 30 days of ratification. (source)
Domestic Violence Situations: With approval of court, a tenant is allowed to terminate a lease prematurely in situations of domestic violence. (N.Y. RPL §§ 237-c)
Retaliation: Landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a Government Authority, been involved in a tenant’s organization, or exercised a legal right. Courts will assume “retaliation” by landlord if negative action is taken on the tenant within 6 months after any of the prior tenant actions. (N.Y. RPL §§ 223-b) A landlord who seeks to enforce such a fee, penalty or charge against a tenant because such tenant files a bona fide complaint with a building code officer regarding the condition shall be liable to the tenant for triple the amount of such fee, penalty or charge. (N.Y. RPL §§ 223-b(5a)).

To download a New York rental application or New York rental lease go to http://www.accuratecredit.com/html/freerentalapplications.html