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, unless the tenant lives in a good-cause jurisdiction.New York State enacted a Good Cause Eviction law that went into effect on April 20, 2024. This statute gives certain tenants of unregulated housing new protections. Each county needs to opt in in order for this statute for be applicable, so if this is something that you believe can be useful in your situation you should contact an attorney. In this situation, if a tenant decides to stay past the end of the lease, the landlord may 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, as anticipated above, 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.
A landlord can contract an automatic renewal on a lease. According to NY CLS Gen Oblig § 5-903, any contract provision that states the term of the contract shall be deemed renewed for a specified additional period unless the tenant gives notice of their intention to terminate the contract at the expiration of such term. If a lease contains an automatic renewal clause, the landlord must give the tenant written notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease.
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:
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, available at https://www.nysenate.gov/legislation/laws/RPP/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. 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. If you believe that your landlord has attempted to end your lease in retaliation for your good-faith assertion of your rights as a tenant, it is important that you speak with an attorney. Please refer to New York Real Property Law Section 223-b, available at https://www.nysenate.gov/legislation/laws/RPP/223-B.
Manufactured Home Park Owners are required to offer renewal to existing tenants at least ninety days before the expiration of their existing lease. RPL § 233(e)(2)(i). The only exceptions to this requirement for a manufactured home park owner to offer renewal are if the owner provides two-year notice of a change in land use to the tenant, or if the owner evicts the tenant for a lawful purpose outlined in § 233(b). Id. The renewal offer must include a written lease. Id. More specifically:
“[a]ny such offer shall include a copy of the proposed lease containing such terms and conditions, including provisions for rent and other charges, as the manufactured home park owner shall deem appropriate; provided such terms and conditions are consistent with all rules and regulations promulgated by the manufactured home park operator prior to the date of the offer and are not otherwise prohibited or limited by applicable law.”
Id (emphasis added). If a manufactured home park owner “fails to offer a tenant a lease as provided in this subdivision,” the tenant has the rights of a leaseholder and may not be evicted except for a lawful purpose outlined in § 233(b). RPL § 233(e)(4).
Regarding acceptance of a renewal offer by the tenant, the offer for renewal must advise the tenant that: “if he or she fails to execute and return the lease to the manufactured home park owner or operator within thirty days after submission of such lease, the manufactured home owner shall be deemed to have declined the offer of a lease and shall not have any right to a lease from the manufactured home park owner or operator for the next succeeding twelve months.”
New York recently enacted the good cause eviction law, Article 6A of the Real Property Law. This law limits the landlord’s ability to remove a residential tenant or raise the rent. It also requires a landlord to offer a lease renewal at the end of a tenancy. The law applies only in municipalities that pass local laws to adopt the good cause eviction law, and does not apply to units owned by a “small landlord.” What counts as a “small landlord” varies by good cause jurisdiction.
The City of Ithaca has adopted the Good Cause Eviction Law, but not all municipalities have. Municipalities can opt-in to the Good Cause Eviction Law by adopting the provisions of the law through the local legislative body. In the City of Ithaca, a “small landlord” means a landlord who owns only one rental unit.
Where the Good Cause Eviction Law applies to a jurisdiction, the tenant has the right to renew the lease at the end of the term, except under certain circumstances, including the following:
The Good Cause Eviction Law does not apply in some circumstances, such as:
In jurisdictions that have adopted the Good Cause Eviction Law, tenants are protected against unreasonable rent increases. A rent increase is presumptively unreasonable if (1) it is greater than the lower of: 5% plus the annual percentage change in the Consumer Price Index (CPI) for all urban consumers in the region, as published by the United States Bureau of Labor Statistics. This data is typically published by the Division of Housing and Community Renewal by August 1st of each year; OR (2) it is greater than 10%.
Exceptions
If a landlord seeks to increase rent above this threshold, they must provide a justification for the increase showing that the increase was reasonable.
When evaluating the reasonableness of a rent increase, courts may consider factors such as the landlord’s costs for fuel, utilities, insurance, and maintenance, as well as property tax expenses and recent increases.
When a lease is up for renewal, a landlord can choose not to offer the tenant a renewal if the owner or a member of the owner’s family chooses to occupy the leased property. However, there are limits to when the landlord can choose to occupy a property.
A landlord can not evict or remove a tenant under 9 NYCRR § 2524.2 unless they have served a written notice of eviction or removal to the tenant. The written notice must include the grounds for eviction, the facts necessary to establish such grounds for eviction, and the date when the tenant must leave the premises. For more information, see the Eviction Proceedings Section.
A landlord also can not recover possession of a housing accomodation for owner occupancy reasons if the tenant is any of the following:
There is an exception to this if the owner provides the tenant an equivalent or superior housing accommodation at the same or lower regulated rate in a close proximity to the original unit.
If the property is a rent stabilized or rent controlled housing accommodation, a landlord can only recover one unit. Furthermore, if the property is a joint ownership between two landlords, only one landlord can recover one rent stabilized unit for themselves or their family.
