NY Real Property Law › Article 7: Landlord and Tenant
§ 223-a Remedies of lessee when possession is not delivered
§ 223-a. Remedies of lessee when possession is not delivered. In the absence of an express provision to the contrary, there shall be implied in every lease of real property a condition that the lessor will deliver possession at the beginning of the term. In the event of breach of such implied condition the lessee shall have the right to rescind the lease and to recover the consideration paid. Such right shall not be deemed inconsistent with any right of action he may have to recover damages.
- Source
- NY Real Property Law, as published by the New York State Senate's Open Legislation service
- Last amended
- Effective September 22, 2014
- Checked
- Matched the official code on October 1, 2026
Amendment history
- Text in force in this form since 2014-09-22 per NY Senate Open Legislation (eff. 9/22/2014)
Official text. How it applies depends on your facts; this is not legal advice.Other laws and court decisions can change how a section applies to you, so treat the text as a starting point.