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Canandaigua is a small city of approximately 10,000 residents situated on the northern shore of Canandaigua Lake in Ontario County, in the Finger Lakes region of New York. While a significant portion of residents rent their homes — including students, seasonal workers, and long-term community members — the city does not have its own local rent regulation or tenant-protection ordinances. Renters here rely entirely on the protections provided by New York State law.
New York's statewide landlord-tenant framework, primarily codified in the Real Property Law (RPL) and the Real Property Actions and Proceedings Law (RPAPL), was significantly strengthened by the Housing Stability and Tenant Protection Act of 2019 (HSTPA). Key reforms include stricter security deposit rules, longer notice periods for non-renewal, and stronger anti-harassment protections. Understanding these state-level rules is essential for every Canandaigua renter.
This article is intended as general legal information to help you understand your rights as a renter in Canandaigua. It is not legal advice. Laws change, and your specific situation may require guidance from a licensed attorney or local legal aid organization.
Canandaigua has no rent control and no rent stabilization ordinance. New York's rent stabilization system applies only to certain buildings in New York City and a small number of other localities that have declared a housing emergency and opted into coverage under the Emergency Tenant Protection Act of 1974 (N.Y. Unconsol. Law §§ 8621–8634). Ontario County and the City of Canandaigua have not made such a declaration, so rent stabilization does not apply here.
Unlike some states, New York does not have a blanket statewide preemption statute that prohibits municipalities from enacting rent control — but Canandaigua has simply never passed such an ordinance. In practice, this means your landlord may raise your rent to any amount upon lease renewal, provided they give you the proper advance written notice required by N.Y. Real Prop. Law § 226-c (30, 60, or 90 days depending on tenancy length). There is no cap on the amount of any rent increase.
If you receive a rent increase notice, review it carefully to ensure the required notice period was met. If the notice was legally deficient, the increase may not be enforceable on the stated timeline. Contact a local legal aid provider if you have questions about a specific rent increase situation.
Warranty of Habitability (N.Y. Real Prop. Law § 235-b): Every residential lease in New York — written or oral — includes an implied warranty of habitability. Your landlord must maintain the rental in a safe, clean, and livable condition. This includes functioning heat, hot water, structural integrity, and freedom from pest infestations. If your landlord fails to maintain habitable conditions, you may have the right to withhold rent, make repairs and deduct the cost, or pursue damages in court.
Security Deposit Rules (N.Y. Real Prop. Law §§ 227-e, 7-108): Landlords in Canandaigua may only collect a maximum of one month's rent as a security deposit. Deposits must be returned within 14 days after you vacate, along with an itemized statement of any deductions. Failure to return the deposit and itemized statement on time causes the landlord to forfeit the right to retain any portion of the deposit.
Notice Requirements for Termination (N.Y. Real Prop. Law § 226-c): For month-to-month or holdover tenants, landlords must provide written notice of non-renewal or termination: at least 30 days for tenancies under 1 year, at least 60 days for tenancies of 1–2 years, and at least 90 days for tenancies of 2 or more years. These are minimum periods and cannot be waived in a lease.
Anti-Retaliation Protections (N.Y. Real Prop. Law § 223-b): A landlord may not evict, raise your rent, reduce services, or otherwise retaliate against you because you complained to a government agency about housing conditions, formed or joined a tenants' union, or exercised any right under your lease or state law. If retaliation is proven, you may be entitled to actual damages, attorneys' fees, and punitive damages up to $2,000.
Lockout and Utility Shutoff Prohibition (N.Y. Real Prop. Law § 235, RPAPL § 713): Your landlord may not lock you out, remove your belongings, or shut off utilities to force you to leave. Self-help eviction is illegal in New York. Only a court order and a licensed marshal or sheriff can remove a tenant from a rental unit.
Required Lease Disclosures: Under N.Y. Real Prop. Law § 235-e, landlords must provide a copy of a written lease upon request. Landlords must also disclose known lead paint hazards (federal law, 42 U.S.C. § 4852d) and provide a bedbug disclosure form under N.Y. Real Prop. Law § 227-x.
Under the Housing Stability and Tenant Protection Act of 2019, New York significantly tightened security deposit rules for tenants statewide, including in Canandaigua.
Maximum Amount (N.Y. Real Prop. Law § 7-108(1-a)): Landlords may not collect more than one month's rent as a security deposit, regardless of the length of the lease. This cap applies to most residential rentals. Landlords may not collect additional "last month's rent" as an additional deposit.
Return Deadline (N.Y. Real Prop. Law § 7-108(1-a)(e)): The landlord must return your security deposit — along with a written, itemized statement of any deductions — within 14 days after you vacate the unit and return possession to the landlord. If you provide a forwarding address, the landlord must mail the deposit and statement to that address.
Penalty for Non-Compliance: If your landlord fails to provide the itemized statement and return the deposit within 14 days, they forfeit the right to retain any portion of the deposit and must return the full amount to you. You may sue in small claims court to recover the deposit plus potential additional damages.
Permissible Deductions: Landlords may only deduct for unpaid rent and for damage to the unit beyond normal wear and tear. Routine cleaning, minor scuffs, and normal aging are not chargeable. Landlords must retain receipts or invoices for any repairs deducted from the deposit.
Holding of Deposit: Landlords with six or more units must hold security deposits in a separate interest-bearing bank account (N.Y. Real Prop. Law § 7-103). For buildings with fewer than six units, the deposit does not need to be held in a separate account, but must still be returned within 14 days of vacancy.
In New York, a landlord must follow a strict legal process to evict a tenant. Self-help evictions — such as changing locks, removing doors, or shutting off utilities — are illegal under N.Y. Real Prop. Law § 235 and can expose the landlord to significant liability.
Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with the appropriate written notice. Common notice types include:
Step 2 — Court Filing (RPAPL Article 7): If the tenant does not comply with the notice, the landlord files a summary proceeding (eviction case) in Ontario County Court or Canandaigua City Court. The tenant will be served with a petition and a notice of petition setting a court date.
Step 3 — Court Hearing: Both parties appear before a judge. Tenants have the right to present defenses — such as the landlord's failure to maintain habitable conditions, improper notice, or retaliation. The court may grant an adjournment (postponement) to allow the tenant time to pay rent or obtain legal counsel.
Step 4 — Warrant of Eviction: If the judge rules in the landlord's favor, a warrant of eviction is issued. Under RPAPL § 749, only a licensed marshal, constable, or sheriff may execute the warrant and physically remove the tenant. Landlords may not remove tenants themselves.
Step 5 — Execution: After the warrant is issued, the tenant typically has a short period (often at least 72 hours, depending on the court's order) before the marshal may act. Emergency stays may be available in cases of hardship.
No Just-Cause Requirement: Canandaigua is not covered by just-cause eviction protections. A landlord may decline to renew a lease without stating a reason, so long as proper statutory notice is given under N.Y. Real Prop. Law § 226-c.
The information in this article is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and the specific facts of your situation may affect how the law applies to you. If you have questions about your rights as a renter in Canandaigua, New York, you should consult a licensed attorney or contact a local legal aid organization. RentCheckMe makes no warranty regarding the accuracy or completeness of this information, and is not responsible for actions taken in reliance on it.
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