NY State — NY Real Property Law

§ 232-C — SECTION 232-C Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent

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

What is NY RPL § 232-C?

Quick Answer

This section addresses the situation where a tenant holds over after the expiration of a lease term longer than one month. It clarifies that such holding over does not automatically create a new lease term for the landlord. If the landlord accepts rent after the lease expires, a month-to-month tenancy is established unless otherwise agreed. Applies to landlords dealing with tenants who remain after their lease term ends.

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

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§ 232-C SECTION 232-C Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent

RPL § 232-C

§ 232-c. Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent. Where a tenant whose term is longer than one month holds over after the expiration of such term, such holding over shall not give to the landlord the option to hold the tenant for a new term solely by virtue of the tenant's holding over. In the case of such a holding over by the tenant, the landlord may proceed, in any manner permitted by law, to remove the tenant, or, if the landlord shall accept rent for any period subsequent to the expiration of such term, then, unless an agreement either express or implied is made providing otherwise, the tenancy created by the acceptance of such rent shall be a tenancy from month to month commencing on the first day after the expiration of such term.

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