How can a lease be terminated in the State of New York?

For month-to-month tenancies outside of New York City, the tenancy may be terminated by either party giving at least 1 month’s notice. If a landlord gives a tenant a termination notice, the notice does not need to specify why the landlord wants possession of the premises. However, the notice does not automatically allow the landlord to evict the tenant

In New York City, the landlord must serve a month-to-month tenant with 30 days’ written notice of termination. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings.

Generally speaking, a fixed term lease can only be terminated at the end of the lease. There are some exceptions to this rule. For instance, senior citizens (aged 62 or older) are entitled to terminate their lease if they are relocating to an adult care facility, a residential health care facility, subsidized low-income housing or other senior citizen housing. When such tenants give notice of their opportunity to move into one of these facilities, the landlord must release the tenant from liability to pay rent for the balance of the lease and adjust any payments made in advance. The tenant must then give written notice of the termination, to be effective no earlier than 30 days after the date on which the next rental payment after notice is given is due. The notice must include documentation of admission or pending admission to one of the aforementioned facilities.

Tenants entering or called to active duty in the military may terminate a residential lease if (i) the lease was executed by the service member before he/she entered active duty, and (ii) the rental premises have been occupied by the member or the member’s dependents. The tenant must deliver written notice of termination to the landlord at any time following the beginning of military service. Termination of a lease requiring monthly payments is not effective until 30 days after the date on which the next rent is due.

On what grounds can a landlord evict a tenant?

Following appropriate notice, a landlord may bring a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due, and to recover outstanding rent. A landlord may also bring a summary holdover eviction proceeding if a tenant significantly violates a substantial obligation under the lease, such as using the premises for illegal purposes, committing or permitting a nuisance, or staying beyond the lease term without permission.

To evict a tenant, a landlord must sue in court and win the case. Only a sheriff, marshal or constable can carry out a warrant to evict a tenant. A landlord cannot evict a tenant by use of force or unlawful means, including using threats of violence, removal of a tenant’s possessions, locking the tenant out, or willfully discontinuing essential services such as water or heat. When a tenant is evicted, the landlord may not retain the tenant’s personal belongings or furniture.

A landlord may not seek to evict a tenant solely because the tenant (i) has made a good faith complaint to a government agency about violations of any health or safety laws, or (ii) has taken good faith actions to protect his/her rights under the lease, or (iii) participates in a tenant’s organization. Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.

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