How to Renew a Residential Lease
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A lease renewal gives the same parties a written record of the next rental term. Start with the current lease and its addenda. Check the expiration date, any renewal option, and any deadline for giving notice. Then decide what the parties are agreeing to change and what terms should continue into the next term.
What to include in a lease renewal agreement
- Identify the existing lease. List the rental address, unit, landlord and tenant names, and the date of the agreement being renewed.
- Set the new term. Give the first and last dates of the renewal. Check that they match the agreed start date and leave no unintended gap or overlap.
- Record the rent and payment terms. State the monthly rent, effective date and due date. If charges, utilities, parking or other terms change, describe each change.
- State which terms carry forward. Identify the original lease and any addenda that remain in effect. List the sections the renewal changes and attach any required riders or disclosures.
- Sign and keep copies. Give each party the signed agreement and its attachments. Save any separate notice and proof of delivery with the original lease.
Does a renewal replace a rent increase notice?
A renewal records the terms both parties agree to. A rent increase notice communicates a change and its effective date. A renewal with higher rent can still require a separate advance notice. Before sending the renewal, check the proposed amount, the notice deadline and the permitted delivery method. For an ongoing month-to-month tenancy, see the Rent Increase Notice tool.
New York Real Property Law § 226-c is one example. For covered residential tenancies, a proposed renewal at an increase of 5% or more, or a decision not to renew, can trigger advance written notice. The statute sets 30-, 60- and 90-day periods based on the lease term and occupancy history. Check the statute for applicable disclosure and coverage rules before setting a date. New York Real Property Law § 226-c
Check whether a prescribed form or rider applies
Rent-stabilized apartments can have their own renewal process. In New York City, Homes and Community Renewal directs owners to offer a renewal on form RTP-8 between 90 and 150 days before expiration and include the applicable rider. The agency lists separate forms for covered apartments outside New York City. Use the current agency form and instructions where they apply. New York Homes and Community Renewal lease forms
For housing subject to federal lead disclosure rules, check the original disclosure and any newly available information before the tenant commits to renewal. Federal rules generally exempt a renewal if the lessor already made the required disclosures and has no new information to disclose. EPA lead disclosure guidance
Before you send the renewal
Read the proposed term, rent and due date together. For example, if the current lease ends June 30 and the parties agree to a continuous renewal, record July 1 as the start date. Check separately that any change in rent can take effect on that date. Attach the required documents and save one complete copy for each party.