Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    First Avenue in Manhattan
    Sell
    After a 20 percent maintenance hike, an Upper East Side condop renegotiated its ground lease. Here’s how they did it
    Luxury residential towers on Billionaires Row
    Rent
    With an acoustic consultation, NYC buyers can identify noise problems missed during a walkthrough
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Chelsea residential building
    Affordable Housing
    NYC’s rent freeze is still in place, at least for now
    One River Park at 355 Exterior St.
    Affordable Housing
    Housing lottery launches for 227 rent-stabilized units in Mott Haven
    Manhattan skyline
    Rent
    With asking rents near record levels in August, many Manhattan and Brooklyn tenants appear stuck
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    First Avenue in Manhattan
    Sell
    After a 20 percent maintenance hike, an Upper East Side condop renegotiated its ground lease. Here’s how they did it
    Carroll Gardens townhouse
    Getting Ready
    I cleared out my elderly neighbor's townhouse to sell it. Here's how I dealt with mountains of stuff
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Red Hook Treehouses
    Live
    During Open House New York, get a rare look inside NYC’s most interesting residential properties
    The 1889 Brosnan House at 146 West 74th St.
    Live
    The 1889 Brosnan House at 146 West 74th St: An upscale family hurt by a series of calamities
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    A brightly lit open kitchen with modern clean style and appliances
    Renovation
    Best End-to-End Renovation Companies in New York City
    Sponsored By Advertiser
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
    88 Central Park West
    Renovation
    How to navigate window replacement at a landmark building on Central Park West
    Sponsored By Window & Door Pro
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Manhattan apartment towers
    Roommates + Landlords
    Ask Altagracia: My luxury building doesn't have the amenities it promised and the rent is going up by $500. Can we push back?
    Sponsored By Outerbridge Law P.C.
    A brightly lit open kitchen with modern clean style and appliances
    Renovation
    Best End-to-End Renovation Companies in New York City
    Sponsored By Advertiser
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: I saw my apartment on a listing site, but I haven’t received any notice from my landlord. Is that legal?

  • Your landlord is legally required to tell you in advance if he’s not renewing your lease
  • If you've been there under a year, the notice is 30 days; for one to two years, 60 days
By Himmelstein McConnell Gribben & Joseph LLP  | February 8, 2023 - 12:30PM
image

If your landlord has listed your apartment without giving you the correct advance notice, he can’t rent it out to a new tenant, even if he finds one.

krblokhin via Getty Images 

I spotted a listing for my rental on an apartment web site, but I didn't get any notice from my landlord that he isn’t renewing my lease. I want to stay in the apartment. Is there anything I can do?

Your landlord is legally required to give you a certain amount of notice about whether or not he’s renewing your lease, based on how long you’ve lived in the apartment, says Sam Himmelstein, a lawyer at Himmelstein, McConnell, Gribben & Joseph who represents residential and commercial tenants and tenant associations. 

And if he’s listed your apartment without giving you the proper notice, he can’t rent it out to a new tenant, even if he finds one.

Prior to 2019, landlords were not required to give tenants advance notice if they didn’t intend to renew their leases.

“If your lease expired, the next day the landlord could file a holdover proceeding to evict you,” Himmelstein says. “And if you paid rent after the lease expired, you’d become a month-to-month tenant, entitled to a 30-day termination notice before a holdover could be commenced.”

But since the passage of the Housing Stability and Tenant Protection Act (HSTPA), landlords now must let tenants know ahead of time what their plans are. For tenants who have lived in their apartments for less than a year, the required notice is 30 days; for one to two years, 60 days; and for two or more years, 90 days.

Note that this only applies to market-rate tenants; rent-stabilized tenants are guaranteed the option to renew (unless they cease occupying their apartment as their primary residence).

“Depending on how long you’ve been in occupancy of the apartment, if you haven’t received notice that the landlord isn’t renewing your lease within the legal timeframe, they cannot throw you out,” Himmelstein says.

And if the landlord has already rented out your apartment to a new tenant, he’s out of luck: you have the right to stay put until given the notice required.

But before you start thinking about taking legal action, consider calling your landlord, or the broker named on the apartment listing. And if you’re reluctant to get on the landlord’s radar yourself, you could have a friend do a little reconnaissance instead.

“Have them call and say they’re interested in the apartment,” Himmelstein suggests. “They could ask if the apartment is occupied and whether they can view it.”

It’s possible that the listing is just an error—sometimes brokers copy and paste information about an apartment from an older ad, and it may be that they’ve simply listed the wrong unit.

Related: 

Ask Sam: My landlord didn't give me the required 60 days notice of a rent hike. What can I do? (sponsored)

Ask Sam: I signed a lease with a concession, but when I renewed, my rent jumped by several hundred dollars. Can I fight this? (sponsored)

Ask Sam: Can my landlord collect rent while he's trying to evict me? (sponsored)  

Read all our Ask a Renters Rights Lawyer columns here.


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia landlords leases tenants tenants' rights
SHARE
TWEET
BRICK’S PICKS
one-bedroom unit at 365 West 23rd St.
A pied-à-terre purchase checklist: What to consider if you're buying a part-time place in NYC
A kitchen with stainless steel appliances and counter tops and wood floor
11 things NYC landlords are required to provide, and 11 they’re not that might surprise you
716 Broadway, #2
What you need to know about buying a NYC condo or co-op with direct elevator access
Towers on Billionaire's Row
I received a pied-à-terre tax notice for my primary residence in NYC. How do I fight this?
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
Roommates seated on a couch having an argument
How to kick a roommate out of your NYC apartment
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS