In this section, you will find information regarding lease renewals, notice periods, and retaliatory non-renewals due to a tenant’s good faith complaint.
In short, lease renewal is generally considered to be the norm or default. If a lease or rental agreement expires, it usually continues on the same terms, on a month-to-month basis, unless a landlord has given the tenant the appropriate notice of non-renewal under New York law. Please refer to Real Property Law Section 232-c.
Unfortunately, if a landlord gives the tenant proper notice, they can choose not to renew the lease. In this situation, if a tenant decides to stay past the end of the lease, the landlord could start a holdover eviction proceeding against the tenant.
If you are a Section 8 recipient, or if your housing is otherwise subsidized by the state or federal government, you may have additional rights and protections.
Additionally, some local governments have “right to renew” or “good-cause eviction” laws, which may protect renters from eviction in certain circumstances. Contact an attorney to see if you may be covered by any such protections.
If a landlord plans not to renew a lease, or plans to raise the rent by more than 5%, they must provide the tenant with a minimum amount of notice as required by New York State law. The amount of advance notice required is based either on the length of your lease term or the amount of time you’ve lived in the unit, whichever is longer. The required notice periods for non-renewal or rent increases above 5% are:
Occupancy or lease of less than 1 year: 30 days
Occupancy or lease of 1-2 years: 60 days
Occupancy or lease of more than 2 years: 90 days
If the landlord fails to give proper notice, the tenancy continues under the terms of the existing lease or rental agreement, but on a month-to-month basis (unless the lease says it renews for another year or other period of time). Please refer to New York Real Property Law Section 226-c.
The same rules do not apply if tenants decide not to renew their lease. Tenants do not need to give any notice to their landlord if they do not plan to renew a 12-month lease. Although, it is likely that your landlord will ask you before the end of your lease whether you are planning to renew your lease or move out.
Month-to-month tenants must give one-month’s notice to their landlord if they intend to move out. Please refer to the Breaking a Lease section for more information.
There is no maximum notice period for non-renewal, and landlords may try to abuse this by asking a tenant to renew their lease many months before the tenant is ready to make that decision. If a landlord asks if you want to renew your lease before you are ready to make that decision, you can respond by telling them when you will make your decision instead of simply saying no or ignoring the question.
Landlords cannot retaliate against tenants for reporting issues with their rental units or for joining a tenants’ rights organization. It is against the law for landlords in New York to refuse to renew a lease or to unreasonably raise a tenant’s rent as retaliation for a tenant’s good faith complaint to the landlord or a government agency about an issue with the tenant’s housing made within the past year or for participation in a tenants’ rights organization. If the landlord partakes in any retaliatory action, please save any copies of communications or write down the date and type of action that took place for your records.
If your landlord refuses to renew your lease and you refuse to move out, or if your landlord significantly raises your rent and you refuse to pay the increase, then your landlord may start an eviction proceeding against you. If your landlord starts an eviction against you under these circumstances, you can tell the court that you made a good faith complaint within the past year. Then, your landlord must prove to the court that they did not file the eviction in retaliation for your complaint. Please note that you are not protected by the retaliation law if you live in an owner-occupied building with fewer than 4 total units. Please refer to New York Real Property Law Section 223-b.
This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.
