This page explains New York law on the notices that must come before a holdover proceeding: a summary case to recover possession from a tenant who stays after the tenancy ends (RPAPL 711(1)), or from an occupant who never had a tenancy at all (RPAPL 713). It covers residential and commercial premises and flags the New York City rules. KOR Law LLP's landlord representation practice handles holdover and ejectment proceedings against tenants who remain after the lease expires or is terminated. Rent-stabilized and rent-controlled apartments follow separate regulatory rules that are outside this page.

Which notice applies to which tenancy?

New York law sorts holdover notices by the type of occupancy:

  • Residential lease ending, landlord will not renew or will raise the rent 5% or more. The landlord must give written notice of 30, 60 or 90 days (Real Property Law 226-c(1)(a), (2)).
  • Residential month-to-month tenancy in New York City. The tenancy is ended with notice following the same 226-c periods (Real Property Law 232-a).
  • Commercial month-to-month tenancy in New York City. At least 30 days before the end of the term, served the way a notice of petition is served, stating that the landlord elects to terminate and will start summary proceedings if the tenant does not leave by the date given (Real Property Law 232-a).
  • Commercial monthly tenancy outside New York City. At least one month's notice before the end of the term; no notice is needed to end a tenancy for a definite term (Real Property Law 232-b).
  • Lease violations. Leases usually require a notice to cure and then a notice of termination. The court system's CourtHelp guidance describes a notice to cure giving the tenant 10 days, followed by a notice of termination if the problem is not fixed.
  • Licensees and squatters. A ten-day notice to quit, served as RPAPL 735 requires, before the proceeding (RPAPL 713).
Residential notice periods under Real Property Law 226-c
Tenant's occupancy or lease length (whichever is longer)Minimum written notice
Less than one year, and no lease of at least one year30 days
More than one year but less than two, or a lease of at least one but less than two years60 days
More than two years, or a lease of at least two years90 days

If the landlord gives late notice, the tenancy continues on its existing terms from the date the landlord gave actual written notice until the notice period runs out, despite anything in the lease (Real Property Law 226-c(1)(a)). Late notice therefore delays the case and does not shorten the period.

What does the Good Cause Eviction Law add in New York City?

Article 6-A of the Real Property Law, the Good Cause Eviction Law, applies in New York City (Real Property Law 212) and is scheduled to be repealed on June 15, 2034. For covered residential units, no landlord may remove a tenant "by action to evict or to recover possession, by exclusion from possession, by failure to renew any lease, or otherwise" except for good cause (Real Property Law 215).

Many units are not covered. Exemptions include units owned by a "small landlord" of no more than ten units in the state, owner-occupied buildings with no more than ten units, units regulated under other rent or eviction laws, units that must be affordable at a specific income level, co-op and condominium units, and buildings that received a certificate of occupancy on or after January 1, 2009, for 30 years (Real Property Law 211(3), 214). A landlord claiming the small landlord exemption in an eviction case must disclose each natural person who owns the building and the other units they own (Real Property Law 214(1); RPAPL 741(5-b)).

Covered or not, the landlord must attach to or include in the lease, the renewal lease, the Real Property Law 226-c notice, the 14-day rent demand and the petition a notice stating whether the unit is covered, why it is exempt if it is, and the lawful basis for any non-renewal (Real Property Law 231-c; RPAPL 711(2), 741(5-a)). The statute prints the required form.

What counts as good cause?

For covered units, Real Property Law 216(1) lists the grounds. They include unpaid rent (unless it results from an unreasonable increase), violating a substantial obligation of the tenancy after a written notice to stop within ten days, nuisance or serious damage, an illegal use, unreasonably refusing access for required repairs or showings, and the tenant's refusal of reasonable lease changes offered in writing 30 to 90 days before the lease expires. Three grounds require clear and convincing evidence of the landlord's good faith: recovering the unit for the landlord's or a listed family member's own principal residence (not available against a tenant 65 or older or a disabled person), demolition, and withdrawing the unit from the rental market (Real Property Law 216(1)(g) to (i)).

The required notice form describes a rent increase as presumptively unreasonable if it is greater than the lower of 5% plus the regional consumer price index change, or 10% (Real Property Law 231-c).

How does a holdover case start, step by step?

  1. Identify the tenancy. Lease or month-to-month; residential or commercial; covered by Article 6-A or exempt.
  2. Serve the right notice. Use the 226-c period for residential non-renewals, the 232-a notice for New York City monthly tenancies, the lease's cure and termination notices for violations, or a ten-day notice to quit for licensees (RPAPL 713).
  3. Let the date pass. The tenant must remain after the term or tenancy ends without permission (RPAPL 711(1)). CourtHelp warns that taking rent after the termination date can restart the tenancy; once the case has started, accepting rent does not end it (RPAPL 711(1)).
  4. File the petition. A verified petition with the required facts and, for residential units in Article 6-A areas, the 231-c notice (RPAPL 741).
  5. Serve it. Ten to 17 days before the hearing, or by order to show cause; where the lease ends and the order is sought that day or the next, the court can set service as little as two hours before the hearing (RPAPL 733).
  6. Prepare for stays. For dwellings, the court may stay a warrant up to one year in hardship cases, and must give 30 days to cure when the case is based on a lease breach (RPAPL 753(1), (4)).

What changes the answer?

  • Residential or commercial. Real Property Law 226-c, 231-c and Article 6-A apply to residential units; commercial tenancies follow the lease and Real Property Law 232-a or 232-b.
  • Length of occupancy. It sets the 30, 60 or 90 day period (Real Property Law 226-c(2)).
  • Coverage under Article 6-A. Exemptions in Real Property Law 214 decide whether good cause is required.
  • The reason for ending the tenancy. Lease violations need a cure opportunity; owner use, demolition and withdrawal need clear and convincing proof (Real Property Law 216).
  • Co-op shareholders. A co-op need not give 226-c notice to a tenant who is a shareholder, outside certain publicly assisted co-ops (Real Property Law 226-c(1)(b)).
  • Location. New York City monthly tenancies follow Real Property Law 232-a; elsewhere, 232-b.

For example: a three-year residential tenant in a 30-unit Queens building

For example, imagine an LLC that owns a 30-unit apartment building in Queens built in 1965, whose owners hold about 80 units in the state. (This is a made-up illustration, not a real client or result.) A tenant who has lived there for three years has a lease ending December 31, and the owner wants to offer a renewal at a 9% increase.

Because the tenant has occupied the unit for more than two years, the owner must give at least 90 days' written notice of the increase (Real Property Law 226-c(2)(d)). The building does not appear to fit the small landlord, new construction or owner-occupied exemptions, and the unit is not rent-regulated, so the notice must include the 231-c form stating that the unit is covered and, if the 9% increase exceeds the local rent standard for that year, the justification for it. If the tenant refuses and stays, the owner's ground would be Real Property Law 216(1)(j), and the court would ask whether the increase was reasonable.

Common mistakes

  • Counting from the lease alone. The period follows the longer of total occupancy or the lease term (Real Property Law 226-c(2)(a)).
  • Leaving out the 231-c notice. It belongs in the notice, the rent demand and the petition for residential units (Real Property Law 231-c; RPAPL 711(2), 741(5-a)).
  • Assuming a small landlord exemption without proof. The landlord must disclose the owners and their units in the case (Real Property Law 214(1)).
  • Accepting rent after the termination date. CourtHelp warns this can restart the tenancy.
  • Skipping the cure notice. Violation cases need a cure opportunity under most leases, and Article 6-A requires ten days for covered units (Real Property Law 216(1)(b)).
  • Using a residential notice for a store. Commercial tenancies follow different rules (Real Property Law 232-a, 232-b).

What to do this week

  1. List each unit with its lease end date, move-in date and whether it is residential or commercial.
  2. Determine Article 6-A coverage and record the reason for any exemption.
  3. Calendar the notice deadline 30, 60 or 90 days before each lease ends.
  4. Prepare the 231-c form for every residential lease, renewal and notice.
  5. For violations, document the problem and serve the lease's cure notice.
  6. Speak with counsel before serving any termination notice on a covered tenant.

If the tenant simply stopped paying, the case is a non-payment proceeding instead; see how a commercial non-payment case works in New York City.

Frequently asked questions

Does a commercial tenant with a fixed-term lease need a notice before the lease ends?

Real Property Law 232-a's 30-day notice applies to monthly and month-to-month tenancies in New York City. For a fixed-term commercial lease, the lease itself controls, and outside the city Real Property Law 232-b says no notice is needed to end a tenancy for a definite term. Rent still owed when the tenant leaves becomes a money claim, collected like any judgment, as described in what happens after a money judgment is entered in New York.

What if the tenant breached a commercial lease and went to court?

A commercial tenant served with a notice to cure may seek a Yellowstone injunction to stop the cure period from running out; see what a Yellowstone injunction means for the landlord.

Can I recover my legal fees in a holdover case?

Only as the lease allows, and residential fee clauses run both ways by statute; see whether a New York landlord can recover attorney's fees from a tenant.

What happens to the security deposit when the tenant leaves?

For residential units, the landlord has 14 days after the tenant vacates to give an itemized statement and return the balance (General Obligations Law 7-108(1-a)(e)). See a New York landlord's security deposit obligations.

How long does it take to get the tenant out after winning?

The officer must give at least 14 days' written notice before executing the warrant, and residential tenants may seek stays. The process is described in what happens after a New York landlord wins.

Can a guarantor be sued while the holdover is pending?

A guaranty claim is a separate money claim, usually brought in its own action. The defenses guarantors raise are discussed in what defenses a personal guarantor has when a New York lender sues.