Cal. Civ. Code § 232-C
Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent
Operative Text
§ 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.
Under N.Y. Real Prop. Law § 232-C, when a tenant who held a lease longer than one month stays past the lease's end date, the landlord does not automatically gain the right to bind that tenant to a brand-new full term simply because the tenant remained in the unit. Instead, the landlord has two paths: pursue legal removal of the tenant, or accept rent for a period after the lease ended. If the landlord accepts that post-expiration rent and no other agreement governs the arrangement, the law treats the resulting tenancy as a month-to-month tenancy beginning the day after the original term expired.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Real Prop. Law § 232-C generally make a deliberate, documented choice when a tenant holds over after a lease longer than one month ends: either initiate a lawful removal proceeding or accept rent with a clear understanding of the tenancy type that acceptance creates. Compliant operators are mindful that accepting post-expiration rent without a separate written agreement typically converts the arrangement into a month-to-month tenancy by operation of law, rather than renewing the original longer term. Operators who want a different outcome — such as a new fixed-term lease — typically document that agreement expressly before or at the time rent is accepted.
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 § 232-C provides tenants who hold over after a lease longer than one month with a meaningful protection: the landlord cannot unilaterally lock them into a new long-term lease simply because they stayed past the expiration date. If the landlord accepts rent after the lease ends and no other agreement is in place, tenants generally acquire month-to-month status starting the day after the original term expired, which carries its own set of rights and notice requirements. Tenants who have questions about their status after a holdover situation may find it useful to consult a local tenant-rights organization or review guidance from New York's housing courts and rent-regulation agencies.
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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