Nonpayment of Rent for an Expired Residential Lease in New York


Renting an apartment in New York City can be complicated, particularly after your lease has expired.  It is important to know the many tenant protections and landlord obligations that apply even after your lease expires. Managing nonpayment of rent after a lease has expired can be complex, requiring a clear understanding of the rights and responsibilities of both tenants and landlords.

For free-market apartments, after a lease ends, the tenants are supposed to vacate.  If they do not leave, the landlord cannot evict them without serving notices and going to Court. This shifts the dynamics between landlords and tenants, altering their legal rights and responsibilities.  

Consequences of Unpaid Rent After Lease Expiration

Failure to pay rent after a lease ends can lead to serious legal repercussions. Landlords can take legal actions that ultimately lead to eviction proceedings in court.

Tenants must recognize that the obligation to pay rent, known as Use and  Occupancy after a lease expires, persists even after the lease ends. In the absence of a new agreement, tenants generally remain bound by the original lease terms until they establish a new agreement or leave the property.

Legal Actions Available to Landlords

Landlords dealing with unpaid rent after a lease expires are generally required to terminate the tenancy, through a Termination Notice and after that can bring an eviction lawsuit. The laws regarding termination notices are complicated and generally require the landlord to terminate the tenancy with between 30 and 90 days of notice.  After that, the tenant must vacate or will be sued for eviction.

During this notice period, tenants have the opportunity to address rental arrears, negotiate a resolution with the landlord, or vacate the premises. Landlords must adhere strictly to the specified notice periods under New York State Law.

Potential Long-Term Impact of Eviction on Tenants

Landlords cannot view a tenant’s prior eviction record when deciding whether to rent to a tenant but a prior landlord can file with a credit reporting agency. This can significantly impact a tenant’s credit score and ability to secure future housing and ability to borrow. Understanding this and seeking experienced legal advice to explore options is crucial for tenants in these situations.

Tenant Rights Post-Eviction

Even after an eviction, tenants retain certain rights designed to ensure fairness and protect them from potential injustices.

Right to Retrieve Belongings: Tenants maintain the right to access and collect their belongings from the premises even after eviction. Landlords must provide a reasonable opportunity for tenants to retrieve their possessions. A lawyer can be very helpful in this situation.


Navigating issues concerning the nonpayment of rent after a lease expires in New York requires a comprehensive understanding of legal rights, obligations, and available resources. Seeking counsel from experts such as the Law Offices of Justin C. Brasch is highly recommended for tenants and landlords in disputes over nonpayment of rent after lease expiration. Tenants and Landlords must be aware of the laws and seek appropriate guidance to protect their interests.  Call the Law Offices of Justin C. Brasch at 212-267-2500 to schedule a consultation.

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Justin Brasch
Justin C. Brasch is the founding partner of the Law Offices of Justin C. Brasch and has practiced Landlord/Tenant and Leasing law for over 20 years. His areas of practice include Business & Commercial Law, Contracts, Criminal Law, Landlord-Tenant, Leasing, New York City Building and Fire Code Violations, and Real Estate Law.Mr. Brasch has substantial experience and expertise litigating landlord-tenant and complex commercial and residential real estate disputes. Before establishing his firm in 1996, Justin Brasch was a litigation …

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