Understanding the 90–150 Day Lease Renewal Rule for Rent stabilized apartments in NYC

If you’re a landlord managing rent-stabilized apartments in New York City, one of the most important legal requirements you face is the lease renewal rule.

Under the Rent Stabilization Code §2523.5(a), you must offer tenants a renewal lease not less than 90 days and not more than 150 days before the current lease expires.

This offer must be made on the official HCR Form RTP-8 (Renewal Lease Form) and must include the Rent Stabilization Lease Rider, which explains the tenant’s rights and the legal rent increase limits.

Example: If a tenant’s lease expires on December 31, you must send the renewal offer between August 3 (150 days prior) and October 2 (90 days prior). You must send it via certified mail so you have proof.

Missing this window can prevent you from imposing lawful rent increases and may undermine your ability to enforce lease terms in court later. Your landlord attorney will emphasize this timeline as a foundational compliance step.

Why the Renewal Window Is Critical for Landlords

Following the 90–150 day lease renewal rule isn’t just about staying compliant—it’s about protecting your property rights. Here’s why:

1. Preserves your right to raise rent: Only properly offered renewal leases allow you to implement the Rent Guidelines Board’s increases.

2. Prevents tenant challenges: Late renewal offers can result in tenants delaying the new lease start date or disputing the rent amount.

3. Strengthens legal defenses: If you ever need to evict or enforce lease terms, your eviction attorney will rely on proof that you followed the timeline exactly.

4. Avoids penalties from HCR: Failure to renew can lead to administrative complaints or rent overcharge findings.

A proactive landlord who works closely with a landlord attorney can easily integrate this process into property management workflows.

Best Practices for Lease Renewals

1. Track Lease Expirations: Use a digital calendar or property management system to flag each lease’s expiration date. Set reminders at 150, 120, and 90 days in advance.

2. Send Renewals Early: The best time to send is around 120 days prior—giving you plenty of room to correct errors or follow up with the tenant.

3. Use Official Forms: Always use HCR’s RTP-8 Renewal Lease Form and include the latest Rent Stabilization Rider. Your landlord attorney can review your templates for compliance.

4. Document Delivery: Send the renewal by certified mail and/or personal delivery and keep proof (mail receipts, tracking numbers, or delivery affidavits). Your eviction attorney will need this documentation if a dispute arises.

5. Track Tenant Responses: Once the renewal is sent, they have 60 days to sign, choose a lease term (one or two years), and return the lease. Keep all communications.

What If the Tenant Doesn’t Sign the Renewal Lease?

This is a critical moment—and a common question landlords ask their landlord attorney.

If the tenant does not sign and return the renewal lease within 60 days from date of mailing or personal delivery, the law treats that inaction as a refusal to renew. When this happens, you have the legal right to start a holdover eviction case for failure to renew the lease by first sending a notice of termination.

The Holdover Eviction Process for Failure to Renew

1. Proof of Delivery: You must prove the renewal was served properly (within 90–150 days, by certified mail or hand delivery).

2. Wait 60 Days: After 60 days without the tenant returning the signed lease, you can treat the tenant as having refused renewal.

3. Consult Your Landlord Attorney or Eviction Attorney: Your attorney will review your documentation and prepare a Notice of Termination for failure to renew. This notice often gives the tenant one final chance to sign.

4. Filing the Holdover Case: If the tenant still refuses, your eviction attorney files a holdover petition in Housing Court. The case is based on the tenant’s failure to execute a lawful renewal lease.

5. Court Proceedings: Most tenants either sign the lease under court pressure or vacate the apartment. If they continue to refuse, the court can issue a judgment of possession and warrant of eviction.

Essentially, this process forces the tenant to sign the renewal lease or face eviction. Having a well-documented renewal record makes this process smooth and legally defensible.

Why a Landlord Attorney and Eviction Attorney Are Essential

Navigating rent stabilization compliance is complex, and small missteps can have costly consequences. Partnering with both a landlord attorney and an eviction attorney provides a strong layer of protection.

Your Landlord Attorney Will:

• Track renewal dates and help you maintain compliance with the Rent Stabilization Code.

• Review renewal forms, riders, and delivery methods for legal accuracy.

• Counsel you on rent guideline increases and lawful rent calculations.

Your Eviction Attorney Will:

• Step in when tenants fail to renew, pay, or comply with lease terms.

• File holdover or nonpayment cases in Housing Court.

• Represent you in negotiations and hearings to secure a timely resolution.

Together, your attorneys create a compliance safety net that ensures both legal protection and operational consistency across your properties.

Document Everything

Every landlord attorney will tell you: documentation wins cases. Maintain a dedicated folder for each tenant with everything including original lease through all lease renewals and more including but limited to:

• original lease

• all renewal leases

• A copy of the renewal lease and rider offered.

• Proof of mailing or delivery.

• Notes on tenant responses (dates, communication logs).

• The signed lease (once returned).

• Copies of any notices sent (including final reminders).

If a tenant later disputes the renewal or claims non-receipt, these records allow your eviction attorney to demonstrate compliance and good faith in court.

Practical Example

Let’s say you mailed a renewal lease on August 15 for a lease expiring November 30—well within the 90–150-day window.

• The tenant doesn’t respond by October 15 (60 days later).

• Your landlord attorney sends a Notice to Cure or Final Reminder.

• The tenant still doesn’t sign.

• Your eviction attorney files a holdover petition in November.

By the time of the first court date, most tenants choose to sign the renewal lease to avoid eviction—saving months of potential rent loss and keeping your property compliant.

What if I missed the window period?

You should send a new renewal offer ASAP!

If a landlord did not send a renewal notice in the 90-150 day time period then they will not be entitled to rental increases until a new renewal lease is sent and signed.

You should send a renewal offer asap via certified mailing that starts at least 90 days later.

For example: say the legal rent was 2000 and the lease expired January 31, 2024 but the landlord did not send the renewal on time; then unfortunately no increase is permitted for February or any months moving forward until a renewal lease is signed.

Now assume the landlord never sent the renewal until today October 24, 2025, then the new renewal must commence on February 1, 2025 which is at least 90 days later as required under the statute. You cannot have the renewal lease commencing earlier because that would not be in compliance with the 90-150 days rule.

Unfortunately, sometimes it can get a bit confusing and complicated therefore if you have any questions you should call my office to discuss the best action to be taken.

If you have any questions or concerns feel free to call me directly at 718-938-9732.