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What are my lease renewal rights?

It is important for tenants to understand the lease renewal process and their rights related to lease renewals. They may have many questions related to such an important concern which may determine if they can stay in their home or not. Their rights and the rules and requirements surrounding lease renewals may differ based on the type of apartment or property the tenant is renting so it is important to be familiar with what rules apply to your particular circumstances.

For apartments and properties that are not rent-regulated, the landlord must agree to renew the lease and can end the lease at the end of the lease term so renters may be subject to eviction at that time. The lease can also include an automatic renewal provision. If there is an automatic renewal provision, the landlord is required to provide the tenant with advance notice of the provision prior to the time the renter is required to notify the landlord of the renter's intention not to renew the lease.

Tenants in rent stabilized properties have the right to a one or two year lease renewal. The renewal lease is required to be based on the same terms and conditions as the prior lease unless a law or regulation requires otherwise. Additionally, landlords are required to inform rent-stabilized tenants of the right to renew within a specified time period prior to the lease expiration date. The renter then has a specified period of time to reply which determines what further procedures may be necessary for the renewal of the lease or the eviction of the renter.

Additional rules, rights and protections are associated with month-to-month leases so it is important for renters to be familiar with those as well. Rights associated with renting a home, including lease renewal concerns, are important for many renters and their families which is why it is necessary to be well-educated concerning the protections renters have when it is lease renewal time.

Source: New York State Attorney General, "Tenants' Rights Guide," Accessed May 24, 2017

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