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Refusal to Renew In most cases, landlords of non-rent controlled or non-rent stabilized residential dwellings can refuse to renew the leases of their tenants. As the "NOLO" website notes, landlords are free to decline to renew both fixed-term tenant leases and month-to-month versions.
If you do not have a written lease, or your lease expired and you don't live in rent regulated housing, the landlord/owner may be able to go to court to evict you even if you did not do anything wrong. It is the landlord/owner's right to evict you without a reason.
There are certain steps a landlord must take to notify the tenants of the non-renewal. Most states require the landlord to give some kind of written notice to the tenant. The lease renewal notice period is usually 30 to 60 days, depending on the state.
The process by which the Landlord must first obtain a judgment of possession and warrant of eviction requires that you be served with a Notice to Terminate at least 30 days' prior to the Landlord commencing the eviction proceeding.
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.
If there is no written lease, the landlord has to give the tenant sixty (60) days notice to terminate the tenancy.
Eviction for Nonpayment of Rent The notice must state that the tenant has 14 days to pay rent or move out of the rental unit. If the tenant does not pay the rent or move out of the rental unit within the 14 days, the landlord can begin eviction proceedings against the tenant (see N.Y. Real Prop. Acts § 711(2)).
Here's what you need to know for most tenants who don't have a lease: You must give a 30-Day Notice The tenant must either a). Owe rent or b). Have been given a month's notice to move out.
The landlord must give written notice to the tenant of the right to renewal no more than 150 days and not less than 90 days prior to the end of the lease. For more information on your right to renewal, see HCR Fact Sheet #4: Lease Renewal in Rent Stabilized Apartments.
New York tenants who stay past the end date of their lease can typically be evicted. Landlords in NYC may need "just cause" to evict a holdover tenant, however. Tenants who stay beyond their lease end date become holdover tenants.