NYC Renter's Rights
Tenants in New York City have certain rights when they rent an apartment, including the right to sublet and, in some cases, break their lease. All tenants have a right to receive their deposit back in full, unless damages have been done to the apartment or back rent is due. Tenants moving into rent-stabilized apartments, or apartments built between between February 1, 1947 and January 1, 1974 that have six or more rental units, may dictate the length of their lease.
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Leases
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Landlords must notify a tenant that their lease is about to expire in New York City. Any tenant in New York City who moves into a rent-stabilized apartment has the option of creating either a one-year or two-year lease. When your lease is about to expire, the landlord must notify you within 120 days. The notice must be in the format of a standard form, which is issued by the State Division of Housing and Community Renewal (DHCR).
Older Tenants
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Tenants 62 or older may terminate their lease for medical reasons. Tenants who are 62 or older have the legal right to terminate their lease in New York City if they have medical proof that they are no longer able to live independently and instead must move into an adult care facility. Landlords cannot collect any rent still owed on the lease.
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Deposit
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Tenants may receive their deposit back in full unless rent is owed or damages need to be covered. Before moving into an apartment in New York City, a tenant must provide a deposit, typically in the sum equal to the first month's rent. When tenants move out, landlords may only deduct from the deposit for certain reasons. Deductions may occur to cover any rent still owed or to cover any damages to the rental unit outside of normal wear and tear.
Subletting
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Tenants in New York City who rent a unit in an apartment complex with four or more apartments have the legal right to sublet their apartment if they receive advance consent from their landlord. Tenants must inform the landlord in writing of their wish to sublet, and inform the landlord of who will be subletting, for how long and the reasons behind wishing to sublet.
Family
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Immediate family members may move into a tenant's apartment if he informs the landlord. Once a lease is signed in a tenant's name in New York City, the tenant has the right to allow immediate family members to stay with him, as well as one other occupant. Tenants have 30 days to inform their landlord that another occupant, or family member, has moved into the rental unit.
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References
Resources
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