Cal. Civ. Code § 231
Lease, when void; liability of landlord where premises are occupied for unlawful purpose
Operative Text
§ 231. Lease, when void; liability of landlord where premises are occupied for unlawful purpose. 1. Whenever the lessee or occupant other than the owner of any building or premises, shall use or occupy the same, or any part thereof, for any illegal trade, manufacture or other business, the lease or agreement for the letting or occupancy of such building or premises, or any part thereof shall thereupon become void, and the landlord of such lessee or occupant may enter upon the premises so let or occupied. 2. The owner of real property, knowingly leasing or giving possession of the same to be used or occupied, wholly or partly, for any unlawful trade, manufacture or business, or knowingly permitting the same to be so used, is liable severally, and also jointly with one or more of the tenants or occupants thereof, for any damage resulting from such unlawful use, occupancy, trade, manufacture or business. 3. For the purposes of this section, two or more convictions of any person or persons had, within a period of one year, for any of the offenses described in section 230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of conduct engaged in at the same premises consisting of a dwelling as that term is defined in subdivision four of section four of the multiple dwelling law shall be presumptive evidence of unlawful use of such premises and of the owners knowledge of the same. 4. Any lease or agreement hereafter executed for the letting or occupancy of real property or any portion thereof, to be used by the lessee as a residence, which contains therein a provision pledging personal property exempt by law from levy and sale by virtue of an execution, as security for the payment of rent due or to become due thereunder, is void as to such provision. * 5. The attorney general may commence an action or proceeding in the supreme court to enjoin the continued unlawful trade, manufacture or business in such premises. * NB There are 2 sub 5's * 5. For the purposes of this section, two or more convictions of any person or persons had, within a period of one year, for any of the offenses described in section 225.00, 225.05, 225.10, 225.15, 225.20, 225.30, 225.32, 225.35 or 225.40 of the penal law, arising out of conduct engaged in at the same premises consisting of a dwelling as that term is defined in subdivision four of section four of the multiple dwelling law shall be presumptive evidence of unlawful use of such premises and of the owner's knowledge of the same. * NB There are 2 sub 5's 6. Any owner or tenant, including a tenant of one or more rooms of an apartment house, tenement house or multiple dwelling of any premises within two hundred feet of the demised real property, may commence an action or proceeding in supreme court to enjoin the continued unlawful trade, manufacture or other business in such premises.
N.Y. Real Prop. Law § 231 establishes that a lease automatically becomes void when a tenant uses the property for illegal trade, manufacture, or other unlawful business, and it allows the landlord to re-enter the premises in that event. The statute also holds property owners liable—jointly and severally with tenants—for damages arising from unlawful uses the owner knowingly permitted. Additional provisions address evidentiary presumptions tied to certain criminal convictions, prohibit lease clauses that pledge legally exempt personal property as rent security, and authorize both the Attorney General and nearby property owners or tenants to seek court injunctions against ongoing unlawful activity on the premises.
Plain English — not legal advice.
Under N.Y. Real Prop. Law § 231, property owners who knowingly allow premises to be used for unlawful trade or business can be held jointly and severally liable for resulting damages alongside the tenants responsible. Compliant operators generally maintain awareness of how their properties are being used, respond promptly to credible indications of illegal activity, and avoid including lease provisions that pledge tenants' legally exempt personal property as rent security. Owners should also be aware that repeated criminal convictions tied to certain offenses occurring at a dwelling within a one-year period can serve as presumptive evidence of both unlawful use and the owner's knowledge of it under this section.
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 § 231 provides that a lease becomes void if the tenant uses the premises for illegal trade or business, which can affect occupancy rights and expose the landlord to liability if they knowingly permitted such use. Tenants should be aware that lease clauses pledging legally exempt personal property as security for rent are void under this section and therefore unenforceable. Tenants or owners of property within two hundred feet of premises where unlawful activity is occurring may have standing to seek a court injunction under § 231, and consulting a tenant-rights organization or legal aid office can help clarify what options may be available in a given situation.
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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