A lease is a legally binding contract. Any changes to the lease agreement should be made in writing and signed by both parties. Verbal agreements—even those made by the landlord—may not hold up legally. Some lease clauses are illegal in New York State and therefore void, even if signed. For example:
- A tenant cannot waive their right to a summary proceeding before an eviction.
- A landlord cannot grant themselves unrestricted access to the unit.
These provisions violate public policy and are unenforceable.
When a Lease Ends
If a lease ends and is not renewed, but the tenant remains in the unit, the landlord can file a “holdover” eviction, unless the tenant is protected by Good Cause Eviction. However, if the landlord accepts rent after the lease expires, the tenant becomes a month-to-month tenant, subject to the same terms as the prior lease.
Breaking a Lease
Tenants in New York State may legally break a lease under the following conditions:
- Domestic Violence – With a final order of protection and a request to family court, the tenant may terminate the lease without penalty.
- Military Service – Due to deployment or active duty.
- Senior Citizens – If certified by a physician as no longer able to live independently (tenant must be over 62).
If a lease is broken for any other reason, tenants should be aware of possible consequences:
- The landlord may sue for unpaid rent.
- A judgment may be issued for the months the unit was vacant.
- This may result in wage garnishment or damage to credit.
⚠️ IMPORTANT: Landlords are legally expected to make a good faith effort to re-rent the unit if a tenant breaks the lease. If they do not attempt to re-rent, a judge may reduce the amount owed. However, if the landlord makes reasonable efforts to re-rent and the unit remains vacant, they may recover unpaid rent and retain the security deposit.
If the unit becomes uninhabitable due to fire or another issue beyond the tenant’s control, the tenant should be able to vacate without lease penalties.
Month-to-Month Tenancy
A month-to-month tenancy is the default arrangement when:
- There was never a lease, or
- A fixed-term lease expires, and the landlord continues accepting rent.
In these cases, the original lease terms still apply, even if it has technically ended.
30-60-90 Day Rule
If a landlord wishes to terminate a month-to-month tenancy or raise rent significantly, they must give written notice based on how long the tenant has occupied the unit:
- 30 days’ notice if tenant has lived there less than 1 year
- 60 days’ notice if tenant has lived there 1–2 years
- 90 days’ notice if tenant has lived there more than 2 years
⚠️ Important Note: This rule also applies to rent increases over 5% or $50, whichever is less.
If the tenant continues paying rent after the notice period, and the landlord accepts that rent, the notice becomes void and a new notice must be issued.
Example: If you’ve lived in a unit for over 2 years and receive a 90-day notice on March 1, but the landlord accepts July rent after that period ends, the original notice is invalidated.
⚠️ Important Note: The 30-60-90 rule functions differently under Good Cause Eviction laws. See the relevant section for details.
Recurring Leases
Recurring (or automatic renewal) leases are legal, but the landlord must provide the tenant with 60 days’ written notice prior to renewal. Without this notice, the automatic renewal may not be enforceable.