Should we renew our lease or move?

Your lease is coming to an end. In most of the US the landlord can ask for any new rent when a lease ends, but New York, California, DC and Chicago add notice rules or caps. Here’s what can change, the notice each side must give, and how to get your deposit back.

Renew, go month-to-month or move?

Many US leases run for 12 months. Near the end, your landlord usually sends a renewal offer with the new rent. You have three choices.

Read your lease for an automatic renewal clause and the date you must say whether you’re staying. In New York, a landlord relying on an automatic renewal clause must remind you of it 15 to 30 days before your deadline to give notice.

Rent rises: New York

• Ordinary (unregulated) flats: the landlord doesn’t have to renew. To raise the rent by more than 5%, or not renew, they must give written notice: 30 days if you’ve lived there under a year, 60 days for one to two years, and 90 days for two years or more or on a two-year lease
• Good Cause Eviction (New York City): for covered homes, a rise above the “local rent standard” can be found unreasonable by a court. As of 4 May 2026 that standard is 8.38%. Small landlords with 10 or fewer units, condos and co-ops, and homes built on or after 1 January 2009 are among those not covered. A landlord offering a rise over 5% must tell you whether the law applies
• Rent-stabilised flats: you have a right to a renewal lease of one or two years, on the same terms. The Rent Guidelines Board set 0% for both one- and two-year leases starting between 1 October 2026 and 30 September 2027. You have 60 days to accept the renewal offer
• To find out whether your flat is regulated, ask New York State Homes and Community Renewal (HCR)

Rent rises: California

The Tenant Protection Act (AB 1482) caps rises for most homes at 5% plus the local change in the cost of living, or 10%, whichever is lower, over any 12 months. Homes built in the last 15 years, and single-family houses not owned by a company, are among those not covered. After 12 months, a landlord also needs a “just cause” to end most tenancies. The landlord must give written notice of a rise: 30 days if it’s 10% or less, 90 days if it’s more.

Cities can go further. In Los Angeles, the Rent Stabilization Ordinance covers most rentals built on or before 1 October 1978, and rent can rise only once every 12 months by the set percentage. San Francisco has its own rent ordinance and yearly allowable rise. Check the city’s rent board for this year’s figure

Rent rises elsewhere

• Washington DC: rent control covers many older buildings. For rises taking effect from 1 May 2026 to 30 April 2027, the cap is 4.1% (2.1% for registered elderly or disabled tenants). Newer buildings and small landlords can be exempt
• Chicago: there’s no rent cap, and Illinois law bars local rent control. But the landlord must give 30 days’ notice of a rise or non-renewal if you’ve lived there under 6 months, 60 days for 6 months to 3 years, and 120 days after 3 years. This applies to all homes in the city
• Massachusetts: there’s no rent control. A 2026 ballot question to bring it back was struck down by the state’s highest court in June 2026, so it won’t be on the November ballot
• Texas and Florida: state law blocks local rent control, so the landlord can ask any new rent at renewal. Florida removed its last emergency exception in 2023

Notice and deposits in our 8 places

Other states set their own rules: search for your state attorney general’s tenant guide. Always give notice in writing and keep a copy.

Breaking a lease early

There’s no standard break fee. Read the lease for an early termination clause: some set a fee, such as a number of months’ rent. Without one, you may owe rent until the flat is re-let or the lease ends. In New York, a lease can’t excuse the landlord from trying to reduce their loss when you leave early. In buildings with four or more flats, New York tenants also have a right to sublet with the landlord’s consent, which can’t be unreasonably withheld. If your employer is moving you, ask whether relocation support covers a break fee.

Moving out and your deposit

1. Find the move-in checklist and photos from when you moved in
2. In New York, ask for a pre-move-out inspection: you can be there, and the landlord must say what needs fixing
3. Clean thoroughly, return all keys and give a forwarding address in writing
4. Normal wear and tear isn’t your cost. Deductions are for unpaid rent and damage
5. If the deposit is late or wrongly withheld, write to the landlord citing the deadline. Penalties can be steep: up to double the deposit in New York and three times in Massachusetts and DC

Staying or moving: the real cost

Add up removals, overlapping rent, a second deposit while you wait for the first, and connection fees. If the new place saves less than that in a year, staying may cost less. The moving fund calculator adds it up. Thinking of buying? See buying a home in the USA, or for the search itself, finding a place to rent.