Understanding Automatic Lease Renewal Laws in NY

If you're renting in New York, it's important to understand how automatic lease renewals can affect your housing situation. Some leases can renew automatically unless you or your landlord give proper written notice. Knowing your rights and what steps to take can help you avoid unwanted lease extensions or rent increases.

What Is Automatic Lease Renewal?

Automatic lease renewal means your rental agreement continues for another term under the same terms if neither you nor your landlord officially end the lease. This is especially important in New York, where lease renewal laws are governed by both state legislation and, in some areas, local rent regulations.

Key New York Laws on Lease Renewals

• Notice Requirements: New York’s Real Property Law § 226-c requires landlords to provide written advance notice if they do not intend to renew, or if they want to raise rent by 5% or more, for tenants who have lived in the unit for at least one year.
• Lease Renewal Clauses: If your written lease includes an automatic renewal clause longer than month-to-month, your landlord must notify you in writing between 15–30 days before the renewal period, as stated in Real Property Law § 5-905.
• Rent-Stabilized Units: In New York City, additional rules apply for rent-stabilized apartments. Landlords are generally required to offer renewal leases under similar terms and provide the proper DHCR Renewal Lease form.

Failing to follow these laws may mean your lease does not renew – or that a rent increase is invalid. It’s crucial to check what’s in your lease and the notices you receive.

Official Tribunal for Tenancy Issues

Tenancy disputes in New York are handled by the New York City Housing Court (for NYC) or your local Town and Village Courts (outside NYC). You can also contact the New York State Homes and Community Renewal (HCR) for rent-stabilized questions.

What Notices and Forms Should You Expect?

Depending on your lease type and building, you may encounter official forms and notices such as:

• DHCR Renewal Lease Form (Form RTP-8):
  Used for rent-stabilized apartments in New York City.
  • When used: Landlords must issue this form 90–150 days before your lease ends. Tenants must respond within 60 days. If you do not respond, your lease may automatically renew on the previous terms.
  • Download the DHCR Renewal Lease Form (RTP-8)
• Notice of Non-Renewal:
  • When used: If a landlord chooses not to renew your lease, New York Real Property Law § 226-c requires written notice based on how long you've been living there:
    • At least 30 days if you've been there less than 1 year
    • At least 60 days for 1–2 years residency
    • At least 90 days if you’ve lived there over 2 years
  • Sample templates and guidance are available at the NYC Housing Court Forms Page.
• General Lease Termination Notice:
  • When used: If you want to terminate your lease and avoid automatic renewal, you may be required by your lease to provide notice (typically 30 days in advance).
  • Check for a sample form on the New York State Division of Licensing Services website.

How to Avoid Unwanted Lease Renewal

• Read your lease for automatic renewal clauses and calendar relevant dates.
• Provide your landlord with written notice (keep a copy) if you plan to move out.
• Ask your landlord for clarification about renewal terms.
• For rent-stabilized units, always respond to the DHCR Renewal Lease Form promptly.
• If your landlord fails to notify you as required, you may have grounds to contest an automatic renewal.

Key Legislation

• Real Property Law § 5-905 (Automatic renewal clauses)
• Real Property Law § 226-c (Advance notice for rent increases and non-renewal)
• NY Rent Regulation Laws (HCR)

For more details, always reference your individual lease and these statutes above.

Frequently Asked Questions

1. Can my landlord automatically renew my lease without telling me?
   In most cases, New York landlords cannot automatically renew a lease with changes unless they provide written advance notice. Some leases do include clauses for automatic renewal, but these require specific written notice requirements. Always review your lease for these clauses and know your rights under state law.
2. What if I forget to send notice that I’m moving out?
   If you fail to give written notice per your lease, your agreement may automatically renew for another term, or you may go month-to-month. Always communicate with your landlord and provide any required notice in writing to avoid complications.
3. Does my rent increase automatically with renewal?
   No, a landlord must provide the required advance written notice (per Real Property Law § 226-c) for rent increases of 5% or more at the end of your lease. In a rent-stabilized unit, increases are set by the Rent Guidelines Board and applied via the official renewal form.
4. I live in a rent-stabilized apartment. How do lease renewals work?
   Landlords must use the DHCR Renewal Lease Form (RTP-8) at least 90–150 days before your lease ends. You must respond within 60 days in writing. If you do not respond, your lease continues on the same terms. Learn more from the official renewal form.
5. Where can I get help if I have a dispute over lease renewal?
   Contact the NYC Housing Court, or your local court outside NYC. Rent-stabilized tenants can get help from NY State HCR or file a formal complaint.

Summary: What Renters Should Know

• Automatic lease renewal in New York is governed by clear notice requirements.
• Renters should carefully review their lease, respond to notices, and keep records of communications.
• Use official forms and contact your local tribunal or HCR if you need guidance or to dispute a renewal.

By understanding your lease and the law, you can protect yourself from unexpected lease renewals or unlawful rent increases.

Need Help? Resources for Renters

• NYS Homes and Community Renewal (HCR) Renter Resources
• NYC Housing Court Tenant Information
• NYC 311: Lease and Rental Issues Help
• NY Attorney General – Tenants’ Rights

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1. NY Real Property Law § 5-905
2. NY Real Property Law § 226-c
3. DHCR Renewal Lease Form (Form RTP-8)
4. NYS HCR Renter Resources
5. NYC Housing Court

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