However, when court proceedings are based on the section 21 notice the court cannot order the tenant to give up possession earlier than six months from the beginning of the tenancy.

If the renter moved, the family members would have renewal rights also, but they would have to have been in the apartment from the beginning of the tenancy or the beginning of the relationship.

"Since the daughter has occupied the apartment without the father since the beginning of the tenancy, I believe that she has a viable claim that she is entitled to the apartment and to a renewal lease," he said.

Joel Abramson, another Manhattan landlord-tenant lawyer, said that under the rent laws, a regulated tenant is allowed to continue his or her tenancy on the same terms and conditions the tenant had at the beginning of the tenancy.

Conversely, the landlord will not be entitled to maintain an advertisement on any part of the demised property, even if the advertisement was in position at the beginning of the tenancy (Re Webb's Lease [1952]Ch 808).