Free NYC Lease Renewal Offer Form (Market-Rate)
NYC Lease Renewal Offer (Market-Rate) — overview
Market-rate (non-rent-stabilized) renewal offer under NY RPL §226-c · 30 / 60 / 90-day advance notice · HSTPA 2019
A market-rate NYC lease renewal offer triggers the advance-notice rules under NY Real Property Law § 226-c, enacted as part of the Housing Stability and Tenant Protection Act (HSTPA) of 2019. If you intend not to renew, or if you intend to raise the rent by more than 5%, the statute requires written notice — 30, 60, or 90 days depending on tenancy length. This guide explains the framework, walks through the form, and provides a downloadable PDF. This page is for market-rate units only. Rent-stabilized renewals follow a separate DHCR procedure — use the rent-stabilized form instead.
NYC Market-Rate Renewal at a Glance
Notice < 1 yr
30 days
Notice 1–2 yr
60 days
Notice 2+ yr
90 days
Trigger
Non-renewal OR >5% rent hike
The NYC Lease Renewal Framework
New York City has two completely different lease renewal regimes, and identifying which one applies to your unit is the first step. Get this wrong and you risk a notice that is procedurally void, a holdover proceeding that gets dismissed, or — worst case — a tenant who claims a rent-stabilized renewal right that doesn’t exist for your market-rate unit.
Market-Rate vs. Rent-Stabilized
Market-rate units are apartments not subject to the NYC Rent Stabilization Law. These include most newer buildings, smaller buildings (typically fewer than six units), units that have legitimately exited stabilization, condominiums, cooperatives, single-family homes, and certain co-ops. Market-rate landlords have broad freedom to renew (or not), to set rent, and to negotiate terms — subject only to the statewide HSTPA 2019 framework.
Rent-stabilized units are apartments subject to the NYC Rent Stabilization Law, primarily in older buildings (built before 1974 with six or more units). Rent-stabilized tenants have a statutory right to renewal that does not exist for market-rate tenants. Landlords MUST offer renewal at terms regulated by the NYC Rent Guidelines Board and through DHCR procedures.
Not Sure Which Applies?
If the building was built after 1974, has fewer than 6 units, is a condo/co-op, or has been deregulated, it’s almost certainly market-rate. If the building is older and has 6+ units, check the lease — rent-stabilized leases typically reference DHCR forms and the Rent Stabilization Code. When in doubt, request the building’s registration from DHCR before issuing any renewal notice.
NY RPL § 226-c (HSTPA 2019)
Effective June 14, 2019, the Housing Stability and Tenant Protection Act added § 226-c to NY Real Property Law. The statute is short but consequential: landlords must give written advance notice before non-renewing OR before raising rent by more than 5%. The notice period scales with tenancy length, and missing the deadline blocks enforcement.
Takeaway
For market-rate NYC units, NY RPL § 226-c sets the advance-notice rules: 30 / 60 / 90 days depending on tenancy length, triggered by non-renewal OR a rent increase of more than 5%. Get the regime right — market-rate vs rent-stabilized — before drafting any notice.
When Is the Notice Required?
The statute is a conditional rule: notice is required only when one of two triggers applies. Understanding the trigger conditions saves landlords time and protects the tenant’s right to plan.
Trigger 1: Non-Renewal
If the landlord intends NOT to renew the lease at the end of the current term, written notice under § 226-c is required. This applies whether the reason is unstated (no-cause non-renewal is permitted for market-rate units), owner move-in, conversion, or any other lawful basis. Without the proper advance notice, the landlord cannot enforce the non-renewal and must continue the tenancy until proper notice has been given and the statutory waiting period has passed.
Trigger 2: Rent Increase > 5%
If the landlord intends to renew the lease BUT with a rent increase greater than 5% over the prior rent, written notice under § 226-c is required. A rent increase of 5% or less does not trigger the statute (though good practice is to provide written renewal offers in all cases).
The 5% Calculation
The 5% threshold is calculated against the most recent rent — that is, the current rent at the time of the renewal offer. If current rent is $3,000 and the proposed new rent is $3,200, that is a 6.67% increase and triggers the notice. If the proposed new rent is $3,150, that is a 5.0% increase and does not trigger the notice requirement.
When Notice Is NOT Required
- Renewal at the same rent and terms
- Renewal with a rent increase of 5% or less and no other material changes
- Mutual mid-term modification by written agreement
- Termination for cause (non-payment, lease violation) — that follows the eviction notice procedure, not § 226-c
Takeaway
NY RPL § 226-c notice is triggered by EITHER non-renewal OR a rent increase greater than 5%. If you are renewing at the same terms or with a 5%-or-less increase, no statutory notice is required — though a written renewal offer is still good practice for documentation.
The 30/60/90-Day Timeline
The required notice period scales with how long the tenant has occupied the unit. The longer the tenancy, the more lead time the tenant gets.
| Tenancy Length | Minimum Notice | Example: Lease Expires Sept 30 |
|---|---|---|
| Less than 1 year | 30 days | Notice served by Sept 1 |
| 1 to 2 years | 60 days | Notice served by Aug 2 |
| More than 2 years | 90 days | Notice served by July 3 |
Counting Days Correctly
The notice period runs from the date of service to the date the current lease term expires. Most courts count calendar days — including weekends and holidays — and exclude the day of service. To avoid off-by-one disputes, send notices several days early. A 60-day notice served 65 days before expiration is unambiguously compliant; a 60-day notice served 59 days before expiration is presumptively defective.
How to Calculate Tenancy Length
Tenancy length is measured from the start of the tenant’s occupancy to the renewal-offer (or non-renewal) date — not to the lease expiration. A tenant who started occupancy 23 months ago is in the “1 to 2 years” bracket (60-day notice). A tenant who started 25 months ago is in the “more than 2 years” bracket (90-day notice). Use the actual occupancy date in the building, not the date of any subsequent lease renewal.
Missing the Deadline
If the landlord misses the statutory notice deadline, the landlord cannot enforce the non-renewal or the rent increase. The tenant is entitled to continue the tenancy at the prior rent until proper notice has been served and the full statutory period has run. In practice, this can extend the tenancy by 30 to 90 days beyond what the landlord planned.
Takeaway
The required notice is 30 days under 1 year, 60 days 1–2 years, 90 days over 2 years. Build in a 3–5 day safety buffer when counting, and serve early to avoid procedural disputes in Housing Court.
How to Issue a Compliant Renewal Offer
Determine the tenancy length
Calculate from the tenant’s original occupancy date to today. This sets your minimum notice: 30 / 60 / 90 days.
Identify the trigger
Are you (a) declining to renew or (b) renewing with a rent increase greater than 5%? If neither, § 226-c notice is not required.
Prepare the written offer
Use the form below. Specify the new rent, lease term length, any changed terms, the tenant response deadline, and signature lines.
Deliver with statutory lead time
Serve at least the minimum required days before the current term ends. Use certified mail with return receipt or personal delivery with signed acknowledgment.
Document service and response
Retain USPS green card or signed acknowledgment, and the tenant’s response or counter-offer. Sign a renewal lease if accepted; follow up before lease expiration if no response.
Complete the Renewal Offer Form
Fill in the fields below. The PDF generator will produce a multi-page renewal offer that the landlord signs, serves on the tenant, and retains for proof.
1. Landlord Information
2. Tenant Information
3. Renewal Terms
4. Landlord Signature
Delivery and Proof of Service
A substantively correct renewal offer can still fail in NYC Housing Court if service was defective. Document everything.
Acceptable Delivery Methods
| Method | Use When | Proof Retained |
|---|---|---|
| Certified mail, return receipt | Default for documentation | USPS tracking + signed green card |
| Personal delivery | Tenant is accessible and cooperative | Dated acknowledgment signed by tenant |
| Substituted service + mailing | Tenant absent; adult resident accepts | Description of recipient + mailing receipt |
| Process server | Contentious situations | Server’s notarized affidavit of service |
Proof-of-Service Best Practices
- Use multiple methods for high-value or contested tenancies (e.g., certified mail PLUS personal delivery)
- Photograph the certified mail receipt before dropping at the post office
- Photograph any posting if substituted service is used
- Retain proof of service in the tenant file for at least three years (longer if litigation is foreseeable)
- If the tenant refuses delivery, document the refusal with date, time, and circumstance
Takeaway
Delivery is as important as content. Certified mail with return receipt is the default; combine with personal delivery for high-stakes notices. Keep the proof-of-service record with your tenant file — Housing Court judges routinely dismiss holdover cases for inadequate service documentation.
Market-Rate vs. Rent-Stabilized: Quick Comparison
📑 Market-Rate (this form)
- NO statutory renewal right for tenant
- Landlord MAY decline to renew (no-cause)
- Rent freely negotiable
- NY RPL § 226-c (HSTPA 2019)
- 30 / 60 / 90 day notice rules
- Trigger: non-renewal OR >5% rent hike
🏛️ Rent-Stabilized (different form)
- STATUTORY renewal right for tenant
- Landlord MUST offer renewal
- Rent capped by Rent Guidelines Board
- NYC Rent Stabilization Code + DHCR rules
- Specific DHCR forms required
- → Use the rent-stabilized form
If You’re Not Sure Which Applies
Check the building registration with DHCR before issuing any renewal notice. The wrong procedure (market-rate notice for a stabilized tenancy, or vice versa) can void the action and expose the landlord to penalties under the Rent Stabilization Code.
Frequently Asked Questions
What law governs NYC market-rate lease renewals?
NYC market-rate (non-rent-stabilized) lease renewals are governed by New York Real Property Law § 226-c, enacted as part of the Housing Stability and Tenant Protection Act (HSTPA) of 2019. The statute applies statewide to any tenant who has occupied a unit as a primary residence for any duration.
How many days advance notice do I need to give in NYC?
The notice period depends on tenancy length: 30 days for tenants who have occupied the unit less than one year; 60 days for tenants of one to two years; 90 days for tenants of more than two years. Notice is counted from the date of service to the date the current term ends.
When is the NYC lease renewal notice actually required?
NY RPL § 226-c notice is required only if the landlord intends NOT to renew the lease OR intends to renew with a rent increase greater than 5%. If the landlord renews at the same terms, or with a rent increase of 5% or less, no statutory notice is required (though good practice favors written renewal offers in all cases).
What happens if I miss the notice deadline?
If the landlord fails to give proper advance notice under NY RPL § 226-c, the landlord cannot enforce the non-renewal or rent increase until proper notice is given and the statutory waiting period expires. Effectively, the tenancy continues under the existing terms until the landlord cures the notice defect.
Does this apply to rent-stabilized apartments?
No. Rent-stabilized apartments follow an entirely separate procedure governed by the NY Division of Housing and Community Renewal (DHCR) and the NYC Rent Stabilization Code. Rent-stabilized tenants have a statutory right to renewal that does not exist for market-rate units. Use the dedicated rent-stabilized renewal form, not this one.
How should the renewal offer be delivered?
The most defensible methods are certified mail with return receipt (provides USPS tracking + signed delivery proof) and personal delivery with the tenant’s signed acknowledgment of receipt. Substituted service to another adult in the household plus mailing is also commonly accepted. Keep all proof-of-service records for at least three years.
Can the tenant negotiate the renewal terms?
Yes. For market-rate NYC units there is no rent cap, so both the new rent and lease terms are negotiable until the parties sign a renewal lease. The offer form documents the landlord’s opening position; the tenant may accept, decline, or counter-offer in writing.
What if the tenant does not respond to the renewal offer?
If the tenant does not respond by the response deadline and the current lease expires, the tenant becomes a holdover. The landlord may then commence a holdover proceeding in NYC Housing Court. However, the landlord must still have given proper § 226-c notice — otherwise the holdover case may be dismissed for premature filing.
Screen Tenants Before You Renew
A renewal is a chance to re-evaluate. Run a current credit, background, and eviction check before extending the tenancy — especially for long-tenured tenants whose financial situation may have changed.
Related New York Resources
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