Many tenants in New York City have no legal right to a renewal lease once their previous one has expired. However, there are exceptions to this. For example, if you are living in a rent-regulated unit, your landlord is legally required to renew your lease.
However, if your original lease contains a clause that allows either party to renew the lease upon proper notice to the other party, this must be honored if you have taken the proper steps to renew your lease. This notice period is typically 30 or 60 days prior to your current lease’s expiration date, so it is important that you are clear on what your lease states in order to send your notice in a timely manner.
You may find yourself in a situation where your landlord does not want to renew your lease. Assuming you are not living in a rent regulated unit, your landlord is not legally required to provide reasoning as to why they do not wish to renew your lease. However, this non-renewal cannot be for any discriminatory purposes against you or anyone living in the unit.
In 2019, the New York law was updated in regards to the non-renewal of tenant’s leases. Under the Housing Stability and Tenant Protection Act of 2019, landlords are now required to give you notice if they do not wish to renew your lease.
How Much Notice Are Landlords Required to Give?
The amount of time required for the notice varies depending on how long you have been a tenant in their unit, as well as the length of your lease term. If you have lived in the unit for less than a year, and your lease does not have a term of at least one year, your landlord is required to give you a 30-day notice of non-renewal.
However, if you have occupied the unit for over one year but less than two, and your current lease has a term of at least one year but less than two years, your landlord must give you a 60-day notice of non-renewal. Finally, if you have lived in the unit for more than two years, and have a lease term of at least two years, the landlord must provide a 90-day notice of non-renewal.
This notice period, regardless of how long it is, must expire before your landlord can begin a holdover proceeding against you. This type of proceeding is brought to evict a tenant for any reason other than the nonpayment of rent.
However, if your landlord delays giving you the notice of non-renewal, your lease term is automatically extended to the end of the notice period. This means if your lease is due to end on October 31, but your landlord did not give you a notice of non-renewal until October 20, you are legally allowed to stay in the unit until November 19, which is 30 days after the notice was given. Your landlord cannot legally commence an eviction proceeding until these 30 days are over.
Facing an Illegal Non-Renewal? Talk to Outerbridge Law
If your landlord is illegally refusing to renew your lease, it can be an exceedingly stressful situation. However, as a tenant, you have rights. For the protection you need, turn to a lawyer with the experience to fight for your behalf. Outerbridge Law, P.C. is deeply familiar with both landlord and tenant rights in New York City and can formulate a strategy and identify weaknesses in the defense’s claims. To schedule an initial consultation,contact Outerbridge Law today.
FAQs
Landlords may refuse to renew a lease only under certain enumerated circ*mstances, such as when the tenant is not using the premises as a primary residence.
Can a landlord refuse to renew your lease in NY? ›
The only way your landlord can deny you a renewal lease is through eviction in Housing Court. Following appropriate notice, a landlord may bring a summary nonpayment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent.
What can't a landlord do in New York state? ›
New York landlords must follow a strict legal process for evictions, which includes serving proper notices, filing a court action, and obtaining a court order before an eviction can take place. Self-help measures such as changing locks or physically removing a tenant are illegal.
How long can a tenant stay without paying rent in NY? ›
If they still haven't paid rent and continue living in the property by the end of the fourteen days, the landlord can continue with the eviction lawsuit. In the state of New York, landlords may charge a late fee for the late payment of rent. They may only do so after the statewide grace period of five days.
What are your rights as a tenant without a lease in New York? ›
Tenants without a lease agreement also have the right to privacy. The landlord cannot enter your rental property without your consent, except in emergencies or other legally allowed circ*mstances. The landlord must provide reasonable notice before entering the rental property for repairs, inspections, or other reasons.
How much notice does a landlord have to give to raise rent in NYS? ›
Before they can raise your rent (by 5% or more), the landlord must give you: 90 days notice if you have lived in your apartment two years or more. 60 days notice if you have lived in your apartment for more than one year. 30 days notice if you have lived in your apartment for less than one year.
Can you withhold rent for repairs in NY? ›
You may be able to sue your landlord for a rent reduction or withhold rent, if you landlord fails to make a repair or violates the warrant of habitability. Withholding rent can be risky because your landlord may sue you for non-payment of rent.
How much notice does a landlord have to give in NY? ›
The landlord must provide such notice at least: 30 days in advance of renewal if a tenant has lived in the apartment less than one year and has less than a 12-month lease. 60 days in advance for a tenant who has lived in the apartment for one to two years or for a tenant with a lease term of between one and two years.
Can a tenant refuse entry to a landlord in NY? ›
You may refuse entry to a landlord if they do not give proper notice for a visit, or if they try to enter for any reason beyond the five valid ones listed below. These rights cannot be waived — they still apply if your lease says otherwise, or if you don't have a lease.
What is the new eviction law in NY? ›
On April 20, 2024, New York enacted the Good Cause Eviction Law (Good Cause), which dramatically impacts the rights and obligations of landlords and tenants in New York by limiting evictions, requiring lease renewals, and capping rent increases for most market rate apartments in New York City, and potentially, other ...
Overview. In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
How long does a landlord have to give you to move out NY? ›
If you have been living in your home for over a year, your landlord must give at least 60 days notice. If you have been living in your home for more than 2 years, your landlord must give at least 90 days notice. rent as a security deposit. When you move out, they must return the security deposit within 14 days.
What is the new rent law in NY? ›
no limit on how much your landlord can increase your rent. However, your landlord must give you advanced written notice before they can raise your rent 5% or more. advance written notice. This applies to month-to-month tenants without a lease as well.
Can a landlord refuse to renew a lease in NY? ›
If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings. If the tenant accepts the renewal offer, the landlord has 30 days to return the fully executed lease to the tenant.
What is illegal for a landlord to do in NY? ›
Building owners are prohibited by law from harassing tenants to force them out of their apartments.
Can a landlord terminate a month-to-month lease without cause in NY? ›
The termination notice does not need to specify why the landlord seeks possession of the apartment. Month to Month tenancies can be terminated by either the landlord or the tenant, for any reason, or for no reason at all, except if the reason is retaliatory (RPL 223-b).
How long after signing a lease can you back out in New York? ›
How Long After Signing a Lease Can the Tenant Back Out? A new tenant can't back out of the lease after signing it without paying a penalty. The only exception to this rule is when the tenant uses a valid reason.
Can a landlord break a lease in New York? ›
A lease is a contract, and contracts are not designed to be easily broken. Other than a few specific situations (including senior citizens, victims of violent crimes, tenants with disabilities, and service members), New York State does not allow tenants or landlords to break a lease without going to court.
What is the 14 day notice to vacate in NY? ›
A 14-Day Notice of Eviction and warrant of eviction is the last notice before an officer (marshal, sheriff or constable) comes to remove you from your home. If you get a 14-Day Notice of Eviction, you will be evicted unless you ask the Court in writing to stop or delay the eviction.
What are the laws for eviction in NY? ›
In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
