In some states, cities and/or counties, there are housing laws that require a certain notice period to notify the other party in a lease agreement of your intent to not renew the lease. Typically, when such regulations exist, it falls on the landlord to notify the tenant if they do not intend to renew the lease and/or if they intend to raise the rent by more than a certain amount.
When proper notification isn’t provided or isn’t provided on time, some local housing regulations will permit the tenancy to continue under the prior lease, meaning the landlord can’t raise rent and has to keep the tenant for another lease term.
Download a template Notice of Non-Renewal of Lease that landlords can use here: Notice of Non-Renewal of Lease to Tenant (Word)
It depends on your state’s housing regulations. In New York and recently in Florida, landlords must give notice to tenants a certain time in advance of lease expiration notice that they are not renewing the lease and/or increasing the rent over a certain amount.
This is important for landlords to be aware of because in some states like New York, failure to give such notice means that the tenant is automatically able to renew the lease at the same rent rate. This means a landlord that forgets to give proper notice will not only be stuck with the tenant for at least another year, but also won’t be able to increase the rent that they charge.
Tenants on the other hand typically do not face the same restrictions in terms of having to notify their landlord if they don’t plan on renewing their lease.
For example, a tenant that decides not to renew their lease at the end of their lease term doesn’t need to provide any notice to the landlord. They can simply let the lease expire and move out and on with their lives. With that said, a tenant on a month-to-month lease must tell the landlord they are not renewing the lease 1 month in advance in some states like New York.
What if the tenant has an option to renew in their lease?
If the tenant has an option to renew for an additional year built into their lease agreement, then the lease will typically have language stipulating when the tenant must notify the landlord of their desire to exercise their right to renew.
For example, the standard REBNY lease agreement used in NYC recommends 90 days as the notice period, meaning the tenant must provide notice of their desire to renew at at least 90 days prior to lease expiration.
New York landlord notice period requirements
Per the NYC Mayor’s Office to Protect Tenants, landlords are required to provide notice to tenants if they intend to raise rent more than five percent (5%) or if they do not intend to renew the lease. The landlord must provide such notice at least:
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30 days in advance of renewal if a tenant has lived in the apartment less than one year and has less than a 12-month lease
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60 days in advance for a tenant who has lived in the apartment for one to two years or for a tenant with a lease term of between one and two years
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90 days for a tenant who has lived in the apartment for more than two years or for a tenant with a lease term of at least two years
If the landlord fails to give proper notice, the tenancy continues under the existing lease and terms, including the rent staying the same.
The required notice period must pass before the rent increase or the non-renewal takes effect. These regulations overrule whatever the lease contract might say.
Florida landlord notice period requirements
Florida does not have any state level requirements for notice of non-renewal, except in the case of termination of tenancy without specific term per s. 83.57 of The 2021 Florida Statutes, i.e. you’re renting to someone without any sort of lease expiration date.
In fact, the language in s. 83.575 of the 2021 Florida Statutes only says that a rental agreement may not require more than 60 days’ notice from either the landlord or the tenant.
Miami-Dade County Specific Notice Requirements
However, in 2022 Miami-Dade County enacted some specific notice requirements for landlords given the large rent increases we’ve seen in the red hot Miami housing market.
Landlords in Miami-Dade County are now required to give at least 60 days’ notice to tenants prior to lease expiration if they plan to increase rent by five percent (5%) or more. This regulation also covers tenants on month-to-month leases. Furthermore, the famously fast eviction process has been delayed in Miami-Dade County, with notice of evictions now having a required notice time of 60 days from 30 days for month-to-month tenancies. This legislation follows similar legislation that had been in place in Miami Beach and Hialeh, but is now effective countywide.
More formal letter to landlord not renewing lease
[Tenant’s name]
[Tenant’s address]
[Date]
Dear [Landlord’s name],
Thank you for allowing me to rent your apartment over the term of our lease, which is now nearing expiration. I wish to inform you that I do not intend to renew our lease. As per state and local laws, this is my [Number of days] notice of non-renewal. I plan on vacating the apartment at the end of lease expiration on [Date].
I will be leaving the apartment in broom-swept condition, or as specified per our lease, and expect my security deposit of [Amount] to be returned in full in a timely fashion, per local and state laws.
I can be reached at [Contact information] if you have any questions for me.
Thank you,
[Tenant name]
Of course, letters to the landlord of your intent to not renew do not always need to be so formal, especially when there isn’t a built-in option to renew.
More information notice to landlord of non-renewal
Hi [Landlord name],
It looks like we are going to be offered the opportunity to relocate, and possibly a hybrid model. I don’t have absolute certainty yet, but given the situation I thought it best to officially decline our to right to extend our lease.
Thanks,
[Tenant name]
Pro Tip: Remember that notices must be sent out according to the terms of your lease in order to be valid. Check the section of your lease agreement having to do with notices. Often times leases these days will allow notices to be sent by email, and not just via certified mail.
[Date]
[Tenant’s Name]
[Address of Premises]
RE: ___ day notice of non-renewal of Lease.
Dear [Tenant’s Name]:
This Notice concerns our Residential Lease Agreement, dated ______________, 20____, wherein you leased premises at the following address:
[Address of Premises]
The term of our lease agreement expires on the _____ day of __________, 20____.
I will not be renewing the Lease Agreement with you, and you must vacate and surrender the leased premises on the day of the expiration of the Lease, as stated above. This notice of non-renewal is given at least ____ days in advance pursuant to the lease agreement.
If you have any questions, please contact me immediately.
Sincerely,
[Landlord or authorized agent]
Even though a notice of non-renewal letter to a tenant can be more informal, it’s important to abide by the lease regarding how official notices must be delivered.
Proof of Delivery
This Notice delivered to Tenant:
[ ] by personal delivery
[ ] certified/registered email, return receipt requested
[ ] other form of notice pursuant to Lease Agreement: __________________________________
Signed: _____________________________________ Date: __________________________
Sonja Gosine wrote this excellent article
The Non-Renewal Lease Letter Explained – Jun02,2022
For NY she writes:
If the landlord fails to give proper notice, the tenancy continues under the existing lease and terms, including the rent staying the same.
Can she please give me a reference for this statement?
Hi MK, you can find reference to this in the section titled “Better Notice of Rent Increases and Lease Non-Renewals” within this pamphlet released by the Office of the New York State Attorney General Letitia James: https://ag.ny.gov/sites/default/files/changes-in-nys-rent-law.pdf
“If your landlord does not provide you with the required written notice, you have the right to remain in the apartment at your current rent until you are given the written notice and the time period that applies to you of 90, 60, or 30 days, expires.”