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How much notice does a landlord have to give if not renewing lease in NY?

Landlords are required to provide notice to tenants if they intend to raise rent more than five percent or if they do not intend to renew the lease. The landlord must provide such notice at least: 30 days in advance of renewal if a tenant has lived in the apartment less than one year and has less than a 12-month lease.

How long can a tenant stay without paying rent in NY?

If the tenant doesnt pay the rent or move out, the landlord can file an eviction lawsuit with the court at the end of the 14 days. (N.Y. Real Prop. Acts 711(2) (2023).)

What are the rules for a holdover tenant in NY?

All holdover tenants are given a written notice to vacate. The landlord must serve this written notice on the tenant at least 14 days before the eviction date, which is also listed in your notice. You must also state that if your tenant does not leave by that time.

How long can a tenant stay after the lease expires NY?

If the tenant does not vacate after the expiration of the thirty days, the landlords 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.

What is a holdover period?

The Holdover period is a length of time (in days) following a listings expiration where commission may still be owed to the listing agent if the property sells. Every REALTOR and owner should enter into a listing agreement with the goal of selling the property.

holdover petition to recover possession of real property

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How do you answer a holdover petition in NY?

If you are in court for a holdover case, you have the right to answer and tell the court the legal reasons why you should not have to move. The legal reasons are called defenses. You will have to prove your defenses to the Judge.

What happens when a lease expires in NY?

Tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts a rent payment (Real Property Law 232-c). A month-to-month tenancy may be terminated by either party.

What is are a landlords options when a tenant holds over after a lease expiration date?

If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.

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