Lease Renewals & Agreements
Your lease is a legal contract, but not everything a landlord puts in it is enforceable. NYC law prohibits certain lease clauses and gives rent-stabilized tenants guaranteed renewal rights.
Rent-Stabilized Lease Renewals
If you're rent-stabilized, your landlord must offer you a renewal lease between 90 and 150 days before your current lease expires. You then have 60 days to return the signed renewal. You can choose a one- or two-year term. Your landlord cannot refuse to renew except in very limited, legally defined circumstances.
Market-Rate Leases
If your apartment is not rent-stabilized, your landlord is not legally required to renew your lease. However, they must provide proper notice if they intend not to renew: 30 days for tenancies under one year, 60 days for one to two years, and 90 days for more than two years. Without proper notice, the tenancy continues on the existing terms.
Illegal Lease Clauses
Some common lease clauses are unenforceable in NYC. These include clauses that waive the warranty of habitability, clauses requiring tenants to pay the landlord's legal fees in all cases, clauses prohibiting tenants from calling 311 or reporting violations, and clauses requiring tenants to waive their right to a jury trial. If your lease contains these, they are void by law.
What Happens When Your Lease Expires
If your lease expires and you keep paying rent, you generally become a month-to-month tenant. The terms of your expired lease still apply. Your landlord cannot change those terms without proper notice. Rent-stabilized tenants who stay past their lease expiration continue to be protected by rent stabilization.
Do's & Don'ts
Do
- Read every lease and renewal carefully before signing
- Keep a copy of every signed lease
- Note when your renewal window opens (90–150 days before expiration)
- Ask about any clause you don't understand
- Check for illegal or unenforceable clauses
Don't
- Sign a lease with blank spaces
- Agree to waive your tenant rights in a lease
- Ignore renewal deadlines
- Accept rent increases above what the RGB allows (if stabilized)
- Move out just because your landlord tells you to — check your rights first
Helpful Resources
Frequently Asked Questions
3 questions answered
For rent-stabilized tenants, yes — your landlord must offer a renewal. For market-rate tenants, the landlord is not required to renew but must give proper notice (30, 60, or 90 days depending on tenancy length).
Clauses waiving the warranty of habitability, requiring you to pay legal fees if you win, forbidding guests entirely, or waiving your right to a security deposit return are unenforceable. Courts will strike these even if you signed them.
Without a new agreement, you become a month-to-month tenant on the same terms. Your landlord can then seek to end the tenancy with proper notice. Rent-stabilized tenants must be offered a renewal, so this scenario mainly applies to market-rate apartments.
Disclaimer
This guide is for informational purposes only and is not legal advice. For advice specific to your situation, contact a qualified attorney or one of the free legal services listed above.