New York landlords must give tenants written notification of the following:

• If there is an “automatic renewal” clause in the lease, the landlord must give the tenant fifteen to thirty days advance notice that the rental period is about to be automatically renewed.
• Non-payment of rent: The landlord must properly serve the tenant with a three-day notice to pay late rent or vacate the premises.
• Other violations of the lease: The tenant must be served with written notice that if violations of the lease are not corrected within a certain amount of days specified in the lease, the lease will be terminated. Examples of violations are: improper subletting, excessive noise or violation of a no-pet provision.
• A month-to-month lease, unless otherwise specified, may be terminated by either the landlord or the tenant on a full month’s notice. No specific reason is necessary for the landlord to terminate the lease of a month-to-month tenant. For example, in order to terminate a lease effective November 30, notice must be given no later than October 31.No notice is required to terminate a lease for a fixed-term (e.g. January 1 through December 31). However, a tenant should be sent a written reminder, well in advance of the expiration of the lease, that he or she will have to move if the lease is not renewed in writing by a certain date.
• Landlords may increase the rent (except in rent-controlled apartments) of month-to-month tenants on a full month’s notice.

Q. My Buffalo, NY apartment was damaged in a fire. Can I terminate my lease and move out?

A. This will depend on the condition of the apartment and the terms of your lease.  Tenants have the right to vacate their apartments and cancel the lease if:

1.         The building is destroyed or damaged (e.g., fire, hurricane),

2.         The building is untenable and unfit for occupancy,

3.         The damage is not due to the tenant’s fault or negligence, and

4.         There is no lease clause or other written agreement preventing the tenant from                                canceling the lease.

Landlords should use lease clauses that:

• Require the tenant to give the landlord prompt written notice of fire damage or a dangerous or defective condition.
• Require that the tenant pay rent for the usable part of the apartment if damaged.
• The landlord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under the landlord’s control.
• The landlord has the right to cancel the lease.
• The building can be either demolished or rebuilt.

The landlord has the option of what will be repaired or replaced in the building.

Collecting a security deposit from the tenant is an absolute necessity because lawsuits against tenants for property damage and unpaid rent are very costly, the tenant may be “judgment proof” and the landlord does not have a right to seize the tenant’s property or obtain a lien for unpaid rent.

The security deposit should be collected before the tenant is given the apartment keys.

Security deposits are trust funds which are used by the landlord to pay for damages to the apartment and to cover non-payment of rent.  There is no limit on the amount that New York landlords can request for a security deposit.

The landlord should provide the tenant with an itemization of all deductions that are made from the security deposit.

Landlords may not combine security deposit funds with their own personal accounts.  The tenant must be notified in writing of the name and address of the bank holding the security deposit and the amount deposited.

This information should be contained in the lease.

If you need more information on New York Landlord-Tenant Law, type a question into the search box found on the lower right left of this page or see my New York Landlord-Tenant Law webpage.