Cal. Civ. Code § 226
Effect of renewal on sub-lease
Operative Text
§ 226. Effect of renewal on sub-lease. The surrender of an under-lease is not requisite to the validity of the surrender of the original lease, where a new lease is given by the chief landlord. Such a surrender and renewal do not impair any right or interest of the chief landlord, his lessee or the holder of an under-lease, under the original lease; including the chief landlord's remedy by entry, for the rent or duties secured by the new lease, not exceeding the rent and duties reserved in the original lease surrendered.
Under N.Y. Real Prop. Law § 226, when a primary landlord issues a new lease to replace an original one, the original lease can be validly surrendered even if any existing sub-lease has not itself been surrendered. The renewal arrangement does not wipe out the rights and interests that the primary landlord, the intermediate lessee, or a sub-tenant held under the original lease. Importantly, the primary landlord retains the ability to pursue remedies—including entry—for rent or obligations owed under the new lease, but only up to the amount that was reserved in the original surrendered lease.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Real Prop. Law § 226 generally ensure that when they issue a new lease in place of an original one, they document the surrender of the original lease clearly, even when a sub-lease remains in place. Compliant operators are mindful that their remedies for unpaid rent under the new lease—including the right of entry—are capped at the rent level established in the original lease that was surrendered. Keeping thorough records of the original lease terms, the surrender, and the new lease helps operators demonstrate that they are not seeking more than what § 226 permits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you hold a sub-lease, N.Y. Real Prop. Law § 226 provides that your rights and interests under the original lease are not automatically extinguished simply because the primary landlord and the intermediate lessee have surrendered the original lease and entered into a new one. Sub-tenants may find this provision relevant if a dispute arises about whether a lease renewal affected their occupancy rights or the obligations owed to them. Tenants who believe their sub-lease rights have been improperly disregarded can explore options such as raising § 226 as a defense in a housing proceeding, contacting a local tenant-rights organization, or consulting with a housing attorney for general information about how this provision applies.
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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