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NYC move-in costs: what a landlord can legally charge

In NYC a landlord can ask for first month’s rent, a deposit of up to one month and a $20 screening fee. See banned charges and a worked $3,000 example.

5 min read · Updated

To move into a New York City apartment, a landlord can legally ask you for the first month’s rent, a security deposit of no more than one month’s rent, and a credit and background check fee of no more than $20. For a $3,000 apartment, that is at most $6,020 paid to the landlord before you get the keys.

Some charges you may still be asked for, such as last month’s rent on top of a deposit, a landlord’s broker fee, or an application “processing” fee, are now banned by state or city law. Here is what is allowed, what isn’t, and what else to budget for.

At a glance

Security deposit
Max 1 month’s rent
Includes any “advance,” such as last month’s rent
Credit/background check
Max $20
Or actual cost, if lower
Landlord’s broker fee
Banned
Since June 11, 2025 (FARE Act)
Other application or move-in fees
Banned
Before or at the start of the tenancy

What a landlord can charge

First month’s rent

Rent for your first month (or a prorated first month) is a normal payment at lease signing.

A security deposit of up to one month’s rent

New York caps any deposit or advance at one month’s rent. The Attorney General’s guidance says this also means a landlord may not charge you last month’s rent in advance if you are paying a security deposit. The state housing agency adds that an owner can’t ask a tenant, a guarantor or any third party for more than one month’s security. The state housing agency says that when a lease is renewed at a higher rent, the owner can collect more to bring the deposit up to the new monthly rent.

In buildings with six or more apartments, the landlord must keep deposits in an interest-bearing account at a bank in New York, tell you the bank’s name and address in writing, and pay you the interest minus a 1% yearly administrative fee.

A screening fee of up to $20

Landlords may charge for credit and background checks, but only the actual cost or $20, whichever is less. They must give you a copy of the report and the screening company’s receipt, and must waive the fee if you provide a check done within the past 30 days.

A broker you chose to hire

If you signed an agreement hiring your own broker to find you an apartment, you pay that broker what you agreed. That fee goes to your broker, not the landlord. See do I owe a broker fee?

What a landlord can’t charge

Upfront charges: legal or not?
Allowed?Rule
First month’s rentNormal rent payment
Security deposit up to 1 monthGOL §7-108
Last month’s rent plus a depositCounts toward the 1-month cap
Extra deposit for low credit or no guarantor1-month cap applies to everyone
Credit/background check up to $20RPL §238-a
Application or “processing” feeRPL §238-a
Fee to hold or reserve the apartment (key money)Unlawful per NYS HCR
Fee to the landlord’s or listing brokerFARE Act
Fee to a broker you chose to hirePer your agreement

State law bars landlords from demanding any fee for processing, reviewing or accepting an application, and any other payment, fee or charge before or at the beginning of the tenancy, apart from the capped screening fee and a few narrow exceptions (such as payments another law provides for, and certain senior and care communities). A landlord’s “move-in fee,” “lease prep fee” or “admin fee” fits that description.

Worked example: a $3,000 apartment

Paid to the landlord at signing, $3,000/month apartment, one applicant
ChargeLegal amountIf illegal charges were added
First month’s rent$3,000$3,000
Security deposit$3,000$3,000
Last month’s rent in advance$0$3,000
Credit/background check$20$20
Application processing fee$0$100
Landlord’s broker fee (example: 15% of a year)$0$5,400
Total$6,020$14,520
Source: Roofy calculation; the $100 and 15% figures are hypothetical examples of charges you can refuse

If you have roommates, ask how screening is charged; each check is still capped at $20 or its actual cost. The deposit cap is one month of the apartment’s rent, not one month per person.

Other move-in costs that aren’t paid to the landlord

Move-in checklist

Tick these off as you go. Your progress is saved in this browser.

Before you hand over money

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Protect your deposit from day one

Before you move in, the landlord must offer you the chance to inspect the apartment. If you ask for the inspection, you and the landlord sign a written agreement listing existing damage, and the landlord can’t later keep deposit money for anything on that list. Take dated photos as well. When you move out, the landlord has 14 days to return the deposit with an itemized statement of anything kept, or it loses the right to keep any of it. A willful violation can cost the landlord up to twice the deposit. Read more in security deposit rules in New York.

Can you afford the rent itself?

Upfront cash is one test; the monthly rent is the other. Check it here:

How much rent can I afford?

Open full calculator →
You don’t pass the 40× rule yet
$2,125/mo
Highest rent most NYC landlords will approve on your income.
Rent as share of income34%
Line marks the 30% guideline.
Income needed for this rent (40×)$96,000
Guarantor income needed (80×)$192,000
30% budget rule, after debts$2,125/mo
Yearly rent$28,800

Then total every upfront dollar with the NYC move-in cost calculator, check a deposit with the security deposit calculator, and check a broker fee with the FARE Act broker fee checker. If you were overcharged, the NY Attorney General’s office takes security deposit complaints, and DCWP takes broker fee complaints at nyc.gov/consumers or 311.

Fact-checked October 12, 2026

Re-verified 2026-10-12. One-month cap on any deposit or advance (GOL §7-108(1-a) excludes rent-controlled units, registered seasonal rentals and owner-occupied co-ops, now listed in the closing note), move-in inspection offer, 14-day itemized return, forfeiture and up-to-twice punitive damages verified in GOL §7-108(1-a). AG rent-law sheet verified “may not charge last month’s rent in advance if also paying a security deposit.” Interest-bearing account for 6+ unit buildings, 1% admin fee and bank notice verified in GOL §7-103. $20/actual-cost screening cap, report copy, 30-day waiver and ban on other fees before or at the start of the tenancy verified in RPL §238-a(1). Key money / reservation deposits unlawful per HCR FS-09 (11/2025). FARE Act fee ban and itemized disclosure verified in Local Law 119 text and DCWP FAQ. Deposit top-up at renewal attributed to HCR FS-09. Fixed: move-in inspection is offered before occupancy (not “after you sign”), and items on the signed condition list can’t be deducted (§7-108(1-a)(c)); description trimmed to 160 chars. Worked example checked: 3000+3000+20=6,020; with illegal add-ons 14,520.

Sources

  1. General Obligations Law §7-108: Rental security deposits · New York State Senate (accessed October 12, 2026)
  2. General Obligations Law §7-103: Security deposits held in trust · New York State Senate (accessed October 12, 2026)
  3. Real Property Law §238-a: Fees, charges and late fees · New York State Senate (accessed October 12, 2026)
  4. Changes in New York State Rent Law: What You Need to Know · Office of the New York State Attorney General (accessed October 12, 2026)
  5. Residential Tenants’ Rights Guide · New York State Office of the Attorney General (accessed October 12, 2026)
  6. Fact Sheet #9: Renting an Apartment - Security Deposits and Other Charges (FS-09, 11/2025) · NYS Homes and Community Renewal (accessed October 12, 2026)
  7. Frequently Asked Questions: Broker Fees (08/12/2025) · NYC Department of Consumer and Worker Protection (accessed October 12, 2026)
  8. Local Law 119 of 2024 (FARE Act), full text · New York City Council (via intro.nyc) (accessed October 12, 2026)

General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.

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