New York Notice Requirements to Terminate a Month-to-Month Tenancy

Find out New York rules for how much notice you (and your landlord) must give each other to end a month-to-month tenancy.

It is easy for landlords and tenants to end a month-to-month tenancy in New York. (The situation is more complicated when it comes to breaking a fixed-term lease.)

Notice Requirements for New York Landlords

Except in communities with some form of rent regulation, rent stabilization, or rent control your landlord does not need to give you a reason (although acting on discriminatory or retaliatory motives is illegal). A landlord can simply give you a written notice to move, allowing you one month as required by New York law and specifying the date on which your tenancy will end.

Your landlord may legally provide less notice in specific circumstances--for example, lf you have not paid rent, if you have violated other terms of your rental agreement (for example, bringing in an unauthorized tenant), or if you have violated basic responsibilities imposed by law (such as by dealing drugs on the rental property).

Notice Requirements for New York Tenants

New York tenants who want to get out of a month-to-month rental agreement must provide the same amount of notice (one month) as the landlord (unless the rental agreement provides for a shorter amount of notice). Be sure to check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date.

In some situations, you may be able to move out with less (or no) notice—for example, if your landlord seriously violates the rental agreement or fails to fulfill legal responsibilities affecting your health or safety.

New York State Law and Resources on Terminating a Month-to-Month Tenancy

Check New York state law (N.Y. Real Prop. Law § 232-b) for the exact rules and procedures for how landlords must prepare and serve termination notices and for any special rules regarding how tenants must provide notice. See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.

The Attorney General guide to tenants’ rights in New York may also have useful information on how month-to-month tenancies end.

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