N.Y. Laws » CHAPTER Real Property / ARTICLE Landlord and Tenant
New York Consolidated Laws

N.Y. Real Property Law § 227 (2026)

When tenant may surrender premises

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 227. When tenant may surrender premises.  Where any building, which
is leased or occupied, is destroyed or so injured by the elements, or
any other cause as to be untenantable, and unfit for occupancy, and no
express agreement to the contrary has been made in writing, the lessee
or occupant may, if the destruction or injury occurred without his or
her fault or neglect, quit and surrender possession of the leasehold
premises, and of the land so leased or occupied; and he or she is not
liable to pay to the lessor or owner, rent for the time subsequent to
the surrender. Any rent paid in advance or which may have accrued by the
terms of a lease or any other hiring shall be adjusted to the date of
such surrender.
Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1985–2025 · leading case: Vermont Teddy Bear Co. v. 538 Madison Realty Co., 807 N.E.2d 876 (N.Y. 2004).
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Vermont Teddy Bear Co. v. 538 Madison Realty Co., 807 N.E.2d 876 (N.Y. 2004). “By agreeing to the standard form provision regarding a casualty loss, VTB waived the option set forth in Real Property Law § 227 that permits a lessee of a destroyed property to “quit and surrender possession of the leasehold premises, and of the land so leased or occupied; and…”
Dance Magic, Inc. v. Pike Realty, Inc., 85 A.D.3d 1083 (N.Y. App. Div. 2d Dep't 2011). · cites it 4× “In article 9 of the subject lease, the plaintiffs expressly waived their right to surrender possession pursuant to Real Property Law § 227 and agreed that the lease provisions would govern in the event that the demised premises were damaged or rendered partially or wholly…”
Schwartz, Karlan & Gutstein v. 271 Venture, 172 A.D.2d 226 (N.Y. App. Div. 1st Dep't 1991). · cites it 4× “The tenant is not only not afforded a corresponding right to terminate, it expressly waives that option, otherwise available under Real Property Law § 227, and agrees that the afore-cited provisions of section 9 of the lease "shall govern and control in lieu thereof.”
LeRoy v. Sayers, 217 A.D.2d 63 (N.Y. App. Div. 1st Dep't 1995). “Plaintiff thereafter commenced this action against defendant to recover his $50,000 advance rent payment and the $13,500 security deposit, alleging six causes of action: a violation of Real Property Law § 227 based on defendant’s refusal to return the funds; a breach of the…”
Milltown Park Inc. v. Am. Felt & Filter Co., 180 A.D.2d 235 (N.Y. App. Div. 3d Dep't 1992). · cites it 2× “By statute, however, a tenant is permitted to quit the premises without any further liability for rent if the premises have become "untenantable, and unfit for occupancy” through no fault or neglect of the tenant (Real Property Law § 227). The parties’ lease agreement contains a…”
Hudson Towers Hous. Co. v. VIP Yacht Cruises, Inc., 63 A.D.3d 413 (N.Y. App. Div. 1st Dep't 2009). “Article 9 of the lease explicitly states that the tenant waived the provisions of Real Property Law § 227, which permits a tenant to quit leased premises that are rendered untenable or unfit for occupancy and consequently to be relieved of its obligation to pay rent (see…”
Preferred Mut. Ins. v. Pine, 44 A.D.3d 636 (N.Y. App. Div. 2d Dep't 2007). “In the absence of fault or a specific contract provision to the contrary, neither the landlord nor the tenant is obligated to perform repairs after a fire (see Real Property Law § 227; Smith v Kerr, 108 NY 31 [1888]; Kinkaide v Liebowitz, 20 AD2d 812 [1964]).”
Council of New York v. Giuliani, 183 Misc. 2d 799 (N.Y. Sup. Ct. 1999). “Also undisputed is that DOB has determined that the buildings are unfit for occupancy as a result of damage to the facades caused by sand, wind and salt air (see also, Real Property Law § 227). Nor has HHC taken any steps to stop, protest or otherwise challenge this…”
RVC Assocs. v. Rockville Anesthesia Grp., 267 A.D.2d 370 (N.Y. App. Div. 2d Dep't 1999). · cites it 2× “Rather, Rock-ville specifically waived its right to surrender possession, otherwise available under Real Property Law § 227, and agreed that the lease provisions would govern.”
Eujoy Realty Corp. v. Van Wagner Commc'ns, LLC, 73 A.D.3d 546 (N.Y. App. Div. 1st Dep't 2010). “In 1937, Real Property Law § 227, the provision directly at issue in Werner, was amended to afford relief in the event leased premises are surrendered due to a casualty rendering them unusable, providing, “ ‘Any rent paid in advance or which may have accrued by the terms of a…”
Vermont Teddy Bear Co. v. 538 Madison Realty Co., 308 A.D.2d 33 (N.Y. App. Div. 1st Dep't 2003). “Secondly, not only is the tenant not receiving a substantial benefit by being given a right to be relieved of its lease obligations, but in fact, this lease gives the tenant less protection than would a lease containing no provisions at all relating to a complete casualty; in…”
Arroyo v. Marlow, 128 Misc. 2d 950 (N.Y. Sup. Ct. 1985). “Real Property Law § 227 seeks to release tenants from the harsh effects of this rule by permitting tenants to surrender fire-damaged premises.”
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