Asked in Landlord - Tenant for New York

Q: One month prior to the lease expiration and given oral notice for non-renewal. The tenant stayed after lease expired.

I send out an written notice of termination with 1 week extension. Would that be sufficient to proceed for eviction process in NYC.

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Probably not. The Tenant Protection Act of 2019 ("TPA") which was recently adopted by New York creates additional protections for tenants and imposes expanded responsibilities on owners seeking to recover possession of rental units. Since the change to the law is so recent, even the NYC Housing Court website warns that its existing sample forms may no longer be relied upon.

If you are lucky enough that your tenant honors your notice and vacates count yourself lucky. If not, avoid being penny wise and dollar foolish, do yourself a favor and retain an experienced landlord/tenant attorney to assist you at this time when the relevant laws have so recently changed.

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