Renewing a Lease in New York: Deadlines, Forms, and Tenant Rights

If you’re renting your home in New York, knowing your rights and options when it comes time to renew your lease is essential. The New York State Real Property Law has strong protections for renters, and understanding these can help you make informed choices—whether you want to stay, negotiate, or move.

Understanding Lease Renewal in New York

When your current lease nears its end, you’ll typically face one of three situations:

• Your landlord offers a renewal—possibly at a different rent or under new terms
• Your landlord does not offer a renewal (depending on circumstances and building type)
• You wish to initiate renewal or negotiate your lease terms yourself

New York has special rules for rent-stabilized apartments, but even in market-rate rentals, certain notice periods and rights apply by law. Always start early and communicate in writing to protect your rights.

Notice and Deadlines: What Tenants and Landlords Must Follow

Required Written Notice

Under New York State Real Property Law Section 226-C, landlords must provide written notice before changing lease terms or offering renewal. The notice period depends on how long you’ve lived in your apartment:

• Less than 1 year (or have a lease for less than 1 year): at least 30 days’ notice
• 1–2 years (or have a lease for at least 1 year, but less than 2): at least 60 days’ notice
• 2 years or more (or have a lease for at least 2 years): at least 90 days’ notice

This applies to both rent-stabilized and market-rate units.

What If You Don’t Receive Proper Notice?

If your landlord fails to give you the correct notice, they may not be able to enforce a rent increase or ask you to move until they do so. Always keep copies of all correspondence.

Rent-Stabilized Leases: Extra Protections for Many NYC Renters

If you live in a rent-stabilized apartment, you are entitled to:

• The option to renew your lease for an additional 1 or 2 years
• Controlled rent increases set annually by the Rent Guidelines Board
• Formal written renewal offer on the correct form from your landlord

Landlords must use the official DHCR Renewal Lease Form (Form RTP-8) provided by the New York State Division of Housing and Community Renewal (DHCR). This form must be served between 90 and 150 days before your lease expires¹.

Form RTP-8: Renewal Lease Form

• Name/Number: Renewal Lease Form (DHCR Form RTP-8)
• When to use: If you live in a rent-stabilized apartment and receive this form, review your new lease terms. If you wish to renew, sign and return the form within 60 days.
• Download and info: Official RTP-8 Renewal Lease Form and instructions

Tips for Negotiating or Responding to a Renewal Offer

Whether you receive a renewal offer or want to renew proactively, consider these tips:

• Review all terms: Check for changes to rent, maintenance policies, or rules.
• Check rent increase limits: Rent-stabilized increases must follow the NYC Rent Guidelines Board rules; market-rate units are not capped unless specified by law.
• Communicate in writing: Respond to renewal offers and negotiate changes using email or certified mail.
• Don’t ignore deadlines: Respond within the period stated in your notice or lease form—usually 30–60 days.
• Ask questions or propose changes if something is unclear or needs updating.

When Your Lease Isn't Renewed

If your landlord chooses not to offer a renewal and you’re not in a rent-stabilized unit, they must still provide notice using the same timeline described above. They cannot evict you without proper notice or for illegal reasons (like retaliation or discrimination). If you believe your rights are being violated, file a complaint with DHCR or seek legal help.

How to Respond to a Non-Renewal or Dispute

• Request confirmation of notice and reason for non-renewal
• Contact DHCR or a legal service provider if you suspect illegal or retaliatory non-renewal
• File a formal complaint using DHCR Online Forms

If you need to challenge non-renewal or another leasing dispute, you can seek assistance from official New York State agencies or access tenant counseling services.

FAQ: Lease Renewal in New York

1. How much notice must my landlord give to renew or not renew my lease?
   Landlords must provide 30, 60, or 90 days’ written notice depending on your length of tenancy or the lease term (see above for details).
2. What happens if my landlord doesn’t offer a lease renewal?
   If you live in a rent-stabilized unit, you have the right to a renewal. In other cases, the landlord must follow notice laws and can only end your tenancy for legal reasons.
3. Do I have to accept the rent increase?
   If you’re in a rent-stabilized apartment, rent increases are capped. In market-rate units, you may accept, negotiate, or choose not to renew, but your landlord must provide the proper notice for any increase.
4. Where can I get the official lease renewal form?
   For rent-stabilized units, the official DHCR Form RTP-8 is required. Market-rate leases should be reviewed and renewed in writing.
5. What are my options if I receive a non-renewal but believe it’s in retaliation?
   You may file a complaint with DHCR, the responsible state agency, and seek legal aid.

Key Takeaways for New York Renters

• Landlords must give proper written notice before renewing or ending leases.
• Rent-stabilized tenants have additional protections—including required renewal and capped increases.
• Use official DHCR forms and respond to all notices in writing to protect your rights.

Staying informed and organized makes lease renewal in New York much less stressful, and ensures your home—and your rights—are protected.

Need Help? Resources for Renters

• NYS Division of Housing and Community Renewal (DHCR): Tenant information, forms, and complaint process
• NYC Rent Guidelines Board: Current allowable increases for rent-stabilized apartments
• NYC Mayor’s Office to Protect Tenants: Direct support for New York City renters
• DHCR Online Forms: Lease renewal and complaint forms

---

1. Lease Renewal Rules – NYS HCR
2. New York State Real Property Law Section 226-C: Notice of rent increase or termination
3. NYC Rent Guidelines Board Renewal FAQ

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations