Getting a Notice of Non-Renewal of Lease can bring a moment of uncertainty. For tenants, it may feel like an eviction is looming. For landlords, the decision not to renew a lease needs careful handling. Understanding what this notice means, what steps both parties should take, and how to avoid pitfalls can make the transition smoother.

What Is a Notice of Non-Renewal of Lease?

A “notice of non‐renewal” is a formal written communication (from either the landlord or the tenant) stating that the current lease will not be renewed once its term ends. It is not the same as an eviction for cause; rather, it signals that when the lease expires, one party does not intend to extend or enter another fixed‐term lease.

The notice usually includes:

  • The property address and tenant/landlord names

  • The expiration date of the current lease

  • A clear declaration that the lease will not be renewed beyond that date

  • Any required instructions about move-out or lease termination procedures

What matters most is timing, delivery method, and compliance with any notice period required by the lease or local law. 

Why Landlords or Tenants Use It

For landlords, reasons may include:

  • The landlord intends to use the property for themselves, family member, or a different purpose

  • The landlord wants to sell, renovate, or repurpose the rental unit

  • The tenant has violated lease terms repeatedly (though that may also trigger other remedies)

  • The landlord simply chooses not to renew under current terms

For tenants, they may send a notice of non-renewal because:

  • They intend to move out or relocate

  • They no longer want to commit to another fixed‐term lease

  • They want flexibility (month-to-month) or a different property

Regardless of motive, clarity and compliance with notice rules are key.

Required Notice Periods & Legal Rules

One of the most important details in a non‐renewal scenario is how far in advance the notice must be given. This can depend on:

  • What the lease agreement itself stipulates

  • What local or state landlord-tenant laws require

In New York State, law sets specific minimum time-frames for fixed‐term lease nonrenewals by landlords:

  • If the tenant has occupied the unit less than 1 year (or lease term less than 1 year) → at least 30 days’ notice 

  • If more than 1 year but less than 2 years → at least 60 days’ notice

  • If two years or more → at least 90 days’ notice

Failing to provide adequate notice may lead to legal complications: the lease may automatically roll into a month-to-month tenancy, or the landlord may need to renegotiate. 

What Tenants Should Do Upon Receiving It

If you’re a tenant and you receive a notice of non-renewal:

  1. Read it carefully – Check the date your lease ends, the required notice date, and how it was delivered.

  2. Check your lease – Does it contain a clause specifying a notice period or automatic renewal?

  3. Check local law – Are there protections (rent‐stabilization, local ordinance) that constrain non-renewal?

  4. Consider your rights – Was the nonrenewal notice retaliatory (for example because you complained about conditions)? Some laws prohibit nonrenewal for illegal reasons. 

  5. Request clarification or negotiate – You may contact the landlord to see if a renewal under changed terms is possible.

  6. Prepare for a move – Give yourself enough time to find alternate housing; use the notice period to your advantage.

  7. Document everything – Save the nonrenewal notice, correspondence with landlord, and prepare proof of your rights and payments.

Receiving the notice doesn’t automatically mean you must leave immediately only when the lease ends (unless other legal process is triggered).

What Landlords Should Do When Issuing a Notice

If you’re a landlord preparing a notice of nonrenewal:

  • Review the lease and local law to ensure you're giving the required minimum notice.

  • Deliver your notice in writing, clearly stating the lease end date and your decision not to renew. Many recommend certified mail, return receipt, or a method that confirms delivery.

  • Include any move‐out instructions: date/time for inspection, how to return keys, forwarding address for security deposit. 

  • Avoid illegal motives – nonrenewal cannot be based on discriminated classes (race, religion, disability) or in retaliation for tenant exercising rights. 

  • Keep records of the notice, delivery, and any follow‐up communications in case the tenant contests later.

What Happens If Notice Is Invalid or Missing?

When the required notice period isn’t respected or the delivery method is flawed, several outcomes may occur:

  • The lease may convert to a month-to-month tenancy under the same terms. 

  • A tenant might challenge the non-renewal as unlawful (especially if there's discrimination or retaliation).

  • A landlord might face delays in regaining possession, or need to renegotiate terms rather than simply ending the tenancy.

For tenants who stay past expiration without proper notice or landlord consent, they may become holdover tenants at sufferance with potential for legal action or additional rent. 

A Notice of Non-Renewal of Lease is a meaningful legal step for tenants it can begin a transition; for landlords it signals a property change. But it is not a licence to ignore legal duties or timelines. Both parties benefit from clarity, advance planning, compliance with notice periods, and documentation.