New York Letter - Notification To Renter of Automatic Lease Renewal
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How to fill out Letter - Notification To Renter Of Automatic Lease Renewal?
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FAQ
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.
If the tenant does not vacate after the expiration of the thirty days, the landlord's counsel can proceed with a holdover eviction action in the appropriate local forum. At this point, the parties, through their attorneys, may attempt to negotiate a resolution to the situation.
A landlord can simply give you a written notice to move, allowing you 30 to 90 days, as required by New York law, and specifying the date on which your tenancy will end.
For non-rent regulated apartments, the landlord must agree to renew the lease and a tenant may be subject to eviction at the end of the lease term. However, a lease may contain an automatic renewal clause.
Attorney Justin C. Brasch says these types of arrangements exist all across the city and are often set up verbally. If your original term runs out and is not renewed, but the landlord continues to accept your rent payments, you are automatically considered a month-to-month tenant.
Yes, leases can automatically renew in New York. Leases can include automatic renewal clauses. In this case, the landlord usually sends a notice regarding the renewal clause 15-30 days before the tenant must notify the landlord if they don't intend to renew the lease (NY Gen Oblig L § 5-905 (2019)).
If you do not have a lease, or your lease expired, you pay rent on a monthly basis. This is called a month-to-month tenancy. In order to end a month-to-month tenancy, either you or your landlord must give at least one month's notice before the end of the month.
If the landlord wants to raise rent by 5% or more or not renew the lease, they must let the tenant know further in advance: If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord must give at least thirty days' notice.
If the tenant does not vacate after the expiration of the thirty days, the landlord's counsel can proceed with a holdover eviction action in the appropriate local forum. At this point, the parties, through their attorneys, may attempt to negotiate a resolution to the situation.
