NY State — NY Real Property Law

§ 223-A — SECTION 223-A Remedies of lessee when possession is not delivered

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPL § 223-A?

Quick Answer

This section establishes that every lease of real property implies a condition for the lessor to deliver possession at the start of the term. If this condition is breached, the lessee may rescind the lease and recover any consideration paid. Applies to lessees of real property.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 223-A SECTION 223-A Remedies of lessee when possession is not delivered

RPL § 223-A

§ 223-a. Remedies of lessee when possession is not delivered. In the absence of an express provision to the contrary, there shall be implied in every lease of real property a condition that the lessor will deliver possession at the beginning of the term. In the event of breach of such implied condition the lessee shall have the right to rescind the lease and to recover the consideration paid. Such right shall not be deemed inconsistent with any right of action he may have to recover damages.

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