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Holdover — non-renewal

Complexity: complex

A non-renewal ends a tenancy at the expiration of the term. Under Good Cause and RPL § 226-c, the required notice length depends on tenant tenure.

  1. 1

    Determine the required notice length

    Attorney review

    Under RPL § 226-c: 30 days (< 1 year tenure), 60 days (1–2 years), 90 days (2+ years).

    Why it matters: Undercount and the notice is void.

    If you wait: The clock runs to the end date, not from the notice date.

  2. 2

    Confirm Good Cause coverage and a stated ground

    Attorney review

    If Good Cause applies, the non-renewal must state a good cause ground. If exempt, RPL § 231-c disclosure is still required.

    Why it matters: Missing the § 231-c disclosure is a dismissal ground even for exempt properties.

    If you wait: Coverage law is still developing; verify current guidance.

  3. 3

    Serve, file, appear

    Attorney review

    Serve the notice per statute, file the petition after expiration, serve per RPAPL § 735.

    Why it matters: Standard procedural traps apply.

    If you wait: Delay past expiration can constitute a renewal.