Can a Landlord Not Renew a Lease in New York? 

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.