Ask Altagracia: My landlord didn't send a lease renewal. Should I ask for it?

Anticipating a lease renewal can cause significant stress. For many market-rate tenants, renewing a lease involves a rent increase, and the amount your rent is going up can make a difference between renewing or hunting for a new apartment.

While it may be tempting to alleviate your anxiety by reaching out to the owner, sending a lease renewal is the job of the landlord, not the tenant, according to Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords. 

“Landlords are supposed to send tenants a lease renewal in advance of the expiration,” Pierre-Outerbridge said. “The amount of advanced notice you’re entitled to depends on the length of your tenancy.” 

Lease renewal timeline

Landlords are required to give 30-days’ notice to tenants who have lived in their apartment for less than one year, 60 days for tenants for one to two years, and 90 days for tenants residing for two years or more. 

“If your landlord missed that deadline, it’s not your job to chase them down,” Pierre-Outerbridge said. “It's actually a procedural error. And doing nothing can work in your favor.” 

Procedural errors like this one can become important leverage if your landlord does decide to send you a late renewal with unfavorable terms. “Let’s say you do hear from your landlord after the deadline, and the rental increase is steep,” Pierre-Outerbridge said. “Pointing out that your landlord has missed the deadline to send your renewal can help put you in a stronger position if you decide to negotiate a lower rent.” 

Protection from extreme rent hikes  

That said, some landlords with market-rate buildings covered by the Good Cause eviction law can’t raise rents unreasonably, so don’t assume that your renewal will come with an unaffordable price tag. 

“Unreasonable rent hikes were outlawed in 2024,” Pierre-Outerbridge said, referring to the Good Cause eviction law. “So if your renewal specifies a significant increase, you can push back.” 

Under the law, rent increases for market-rate apartments can be no more than 8.38 percent. There are some exemptions, and situations where landlords may be able to justify a greater increase, such as to cover repairs, but the justification would need to be clear. Rent-stabilized tenants are protected by the rent freeze which remains in effect for now, so renewals should contain a zero percent increase.

“Leases should contain reference to the Good Cause eviction law, so review your lease to make sure it is included,” Pierre-Outerbridge said. “If it isn’t, your lease should technically specify why your unit is exempt.” 

Pierre-Outerbridge also notes that, per the law’s namesake, landlords can only forgo offering their tenants a renewal for good reasons, like failing to pay rent or otherwise violating your lease. “A lot of tenants fear pushing back on their landlord's proposed renewal because they erroneously believe that the landlord could withdraw their renewal offer,” Pierre-Outerbridge said. “The law requires landlords to let tenants renew their leases.” 

Radio silence

If your lease expires without you hearing from your landlord about a renewal, you will become a month-to-month tenant. Pierre-Outerbridge recommends continuing to pay rent on a monthly basis and remaining cooperative per the terms of your original lease, but this arrangement actually provides you with a bit more flexibility. 

“With a lease, tenants and landlords are bound by specific dates,” Pierre-Outerbridge said. “Now, you have the flexibility to leave when you choose.”  

Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.