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NY Real Property Law › Article 7: Landlord and Tenant

§ 232-c Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent

§ 232-c. Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent. Where a tenant whose term is longer than one month holds over after the expiration of such term, such holding over shall not give to the landlord the option to hold the tenant for a new term solely by virtue of the tenant's holding over. In the case of such a holding over by the tenant, the landlord may proceed, in any manner permitted by law, to remove the tenant, or, if the landlord shall accept rent for any period subsequent to the expiration of such term, then, unless an agreement either express or implied is made providing otherwise, the tenancy created by the acceptance of such rent shall be a tenancy from month to month commencing on the first day after the expiration of such term.

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

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.