Free New York Non-Renewal Notice (Rent-Stabilized)
New York rent-stabilized non-renewal notice under Rent Stab Code §2524.3. Non-renewal permitted ONLY on limited statutory grounds: owner/family use, market withdrawal, demolition, non-residential conversion. DHCR approval typically required in advance. Without a permitted ground, tenant has statutory right to renewal.
Free New York Non-Renewal Notice (Rent-Stabilized) — overview
⚠ Rent-Stabilized Non-Renewal — Limited Statutory Grounds
A landlord may NOT refuse to renew a rent-stabilized lease except on specific grounds enumerated in NY Rent Stabilization Code §2524.3. Common permitted grounds: (a) owner or family member personal use; (b) withdrawal of unit from rental market; (c) demolition or substantial alteration; (d) conversion to non-residential use. Most non-renewals require DHCR approval in advance. Without a permitted ground and required DHCR approval, the tenant has a statutory right to renewal.
A New York Non-Renewal Notice (Rent-Stabilized) is a New York rent-stabilized non-renewal notice under the Rent Stabilization Code §2524.3. Non-renewal of a rent-stabilized lease is permitted ONLY on limited statutory grounds, and DHCR approval is typically required in advance.
Complete the Termination Notice
Complete the form below to generate a New York Non-Renewal Notice (Rent-Stabilized). The notice must clearly identify: (a) the parties, (b) the rental property, (c) the termination date, (d) the statutory or contractual basis for termination, and (e) the consequence (tenant must vacate by the termination date). Improperly drafted or untimely notices can be challenged and may delay any subsequent eviction action.
⚠ Termination vs. Eviction
A termination notice ENDS the tenancy on the stated date — the tenant is expected to move out by then. If the tenant DOES NOT vacate after a proper termination notice, the landlord must file an eviction (holdover) action in court — the landlord cannot self-help. This notice does NOT authorize the landlord to remove the tenant; only a court order can do that. Lock-changes, utility shutoffs, and removing tenant belongings without a court order are illegal in every state.
1. Landlord / Agent Information
2. Tenant & Rental Property
3. Termination Date
NY Rent Stabilization Code §2524.3 requires specific notice periods plus DHCR approval for most non-renewal grounds. Specific notice windows apply. DHCR approval typically required IN ADVANCE for most grounds. Count carefully — the clock typically starts the day AFTER service. Some states require the termination date to align with the rent period (e.g., end of a month for monthly tenancies).
4. Basis for Termination
⚠ Rent-Stabilized Non-Renewal — Limited Statutory Grounds
A landlord may NOT refuse to renew a rent-stabilized lease except on specific grounds enumerated in NY Rent Stabilization Code §2524.3. Most non-renewals require DHCR approval in advance. Common permitted grounds: (a) owner or family member personal use; (b) withdrawal of unit from rental market; (c) demolition or substantial alteration; (d) conversion to non-residential use. Without a permitted ground (and required DHCR approval where applicable), the tenant has a statutory right to renewal.
5. Method of Service
6. Landlord / Agent Signature
About the New York Non-Renewal Notice (Rent-Stabilized)
Rent-stabilized tenants in New York have a statutory RIGHT to renewal of their lease under the Rent Stabilization Code §2523.5. The landlord MUST offer a renewal lease at one or two-year terms at the Rent Guidelines Board (RGB) prescribed rent increase, UNLESS the landlord has a permitted ground under §2524.3 to refuse renewal. The permitted grounds are: (a) the owner or a member of the owner’s immediate family in good faith seeks to recover the unit for personal use; (b) the owner seeks in good faith to withdraw the unit from the rental market; (c) the owner seeks in good faith to demolish the building or substantially alter the unit; (d) the owner seeks in good faith to convert the unit to non-residential use; (e) certain other limited grounds. Most non-renewal grounds require DHCR APPROVAL IN ADVANCE — serving a non-renewal notice without the required DHCR approval is invalid. The notice must specify the ground and (where applicable) attach the DHCR approval. Procedurally, the notice must be served within specific windows (typically 90-150 days before lease expiration). Rent-stabilized tenants have access to substantial procedural protections in Housing Court, and bad-faith non-renewal claims (e.g., owner-use claims where the owner does not actually move in) can result in significant tenant remedies.
New York Notice Framework
- Statutory right to renewal under RSC §2523.5
- Non-renewal permitted ONLY on §2524.3 grounds
- Owner/family use (§2524.3(a))
- Withdrawal from market (§2524.3(b))
- Demolition / substantial alteration (§2524.3(c))
- Non-residential conversion (§2524.3(d))
- DHCR approval typically required in advance
If Tenant Does NOT Vacate by the Termination Date
If the tenant does not vacate by the non-renewal date, the landlord must file a holdover proceeding in NYC Housing Court (or appropriate court) under RPAPL Article 7. Rent-stabilized tenants have substantial defenses available: (1) absence of permitted §2524.3 ground; (2) lack of required DHCR approval; (3) bad faith (e.g., owner-use claims where owner does not actually move in); (4) improper notice or service; (5) retaliation. Bad-faith non-renewal can trigger significant tenant remedies including rent abatement, attorney fees, and (in some cases) reinstatement of tenancy. Housing Court is highly tenant-protective for rent-stabilized tenancies. CONSULT a NY landlord-tenant attorney before serving any rent-stabilized non-renewal notice.
Common Mistakes That Defeat Termination Notices
- Treating rent-stabilized tenant as having free-market rules (statutory right to renewal exists)
- Serving non-renewal without DHCR approval (when required)
- Citing a ground not enumerated in §2524.3
- Bad-faith owner-use claims (no genuine intent to occupy)
- Notice served outside the proper window (typically 90-150 days)
- Failing to attach DHCR approval to the notice
Best Practices
- Calculate the notice period carefully. Count from the day AFTER service to the termination date. Most states count calendar days; some require the termination date to align with the end of a rent period.
- State the termination date clearly. Use a specific date, not just “X days from service” – that creates ambiguity.
- Cite the statutory basis. Don’t just say “tenancy is terminated”; cite the specific statute or lease provision that authorizes the termination.
- Use trackable delivery. Certified mail with return receipt is the gold standard. Personal service with a witness is also strong.
- No self-help. If the tenant does not vacate, file an eviction (holdover) action in court. Do NOT change locks, shut off utilities, or remove belongings – these are illegal in every state.
- Check anti-retaliation protections. Termination notices served shortly after a tenant complaint, repair request, or assertion of legal rights may trigger anti-retaliation defenses.
- Check local rent control. Many cities (NYC, LA, SF, Berkeley, Portland, others) restrict no-cause termination of certain tenancies. Verify before serving.
Avoid problem tenants in the first place
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⚖ Legal Disclaimer
This form is provided for general informational purposes only and does not constitute legal advice. For NY rent-stabilized resources, visit NY DHCR. NYC tenants: NYC HPD. Consult a qualified New York landlord-tenant attorney before serving a termination notice, especially in jurisdictions with rent control or just-cause eviction protections.
