Cal. Civ. Code § 223-A
Remedies of lessee when possession is not delivered
Operative Text
§ 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.
Under N.Y. Real Prop. Law § 223-A, every lease of real property in New York carries an implied condition—unless the lease explicitly states otherwise—that the landlord will hand over actual possession of the unit at the start of the lease term. If that condition is not met, the tenant is not left without recourse: the law recognizes a right to cancel the lease and recover any money already paid, and that remedy does not extinguish any separate claim for damages the tenant may have suffered. The provision effectively places the burden of delivering a vacant, accessible unit on the landlord at the outset of the tenancy.
Plain English — not legal advice.
Compliance with N.Y. Real Prop. Law § 223-A generally means that a property owner or manager ensures the unit is actually available and accessible to the incoming tenant on the first day of the lease term—not merely that a lease has been signed. Operators commonly coordinate move-out dates, holdover proceedings, and any necessary repairs well in advance so that possession can be transferred on schedule. When a prior occupant remains in the unit at the start of a new lease, the incoming tenant's statutory remedies under § 223-A—rescission and return of consideration, plus potential damages—are triggered, which underscores the importance of resolving occupancy gaps before a new term begins.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 223-A gives tenants a meaningful remedy when a landlord fails to deliver possession of a rental unit at the start of the lease term: the right to rescind the lease and recover any prepaid rent or deposits, as well as the ability to pursue a separate damages claim. Tenants who encounter this situation may consider documenting the failure to deliver possession, including any communications with the landlord about the delay. General enforcement paths include raising a violation of § 223-A in a civil court proceeding, consulting a local tenant-rights organization, or reaching out to a housing counseling agency familiar with New York landlord-tenant law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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