Housing · Ending a Lease
Notice to End a Month-to-Month Lease in New York
How much notice it takes to end a month-to-month tenancy in New York, whether the landlord must give more than the tenant, the local ordinances that require more, and how to serve it. Cited to the statute.
How the notice works in New York
The notice period, the landlord-versus-tenant split, and the local overlays that can require more.
The tiered 30/60/90-day scheme came from the Housing Stability and Tenant Protection Act of 2019. Sources published before 2019 describe a flat 30-day or one-month rule and are out of date.
| How the notice works | What it means |
|---|---|
| Tiered landlord notice by occupancy | A landlord must give at least 30 days’ notice if the tenant has occupied under one year, 60 days for one to two years, and 90 days for two years or more, under §226-c. |
| Also triggered by a 5% or larger rent hike | The same 30, 60, and 90-day tiers apply when the landlord offers to renew with a rent increase of 5% or more, or declines to renew. |
| Tenant side is about one month | A tenant ending a month-to-month tenancy generally gives one month’s notice under the separate periodic-notice rules, shorter than the landlord’s tiered duty. |
| Overlays and exceptions | What it means |
|---|---|
| Ejectment nuance | At least one appellate decision held the §226-c tiers govern summary proceedings, while a longer common-law notice can apply to an ejectment of a month-to-month residential tenant. This is a wrinkle to confirm, not the main rule. |
| Rent-stabilized and NYC overlays | Rent-stabilized units and New York City rules add protections beyond §226-c, including stricter renewal and just-cause requirements. |
| For-cause is separate | Nonpayment or a holdover for cause uses different predicate notices, not this no-fault tiered period. |
What you can do right now
Concrete, neutral steps to end a month-to-month tenancy in New York. This is legal information, not legal advice.
- Match the notice to the length of occupancy
Landlords: give 30 days for under a year, 60 days for one to two years, and 90 days for two years or more. Count back from the intended termination date.
- Remember rent hikes trigger the same tiers
A renewal offer with a 5% or larger increase requires the same 30, 60, or 90-day notice as a non-renewal. Do not spring a big increase without it.
- Tenants give about one month
A tenant ending a month-to-month tenancy generally gives one month’s notice, shorter than the landlord’s duty. Confirm the exact rule for your area.
- Check whether the unit is rent-stabilized
Rent-stabilized and New York City rules add protections beyond §226-c. Confirm your unit’s status before relying on the state tiers.
Serving the wrong notice period can void the termination and cost weeks. This resource can connect you with a tenant hotline or a licensed attorney who can confirm your dates.
→ New York Attorney General — Tenant ResourcesThis is general legal information, not legal advice. The landlord-tenant split, just-cause rules, and local ordinances can change the answer, so confirm your notice with a tenant resource or a licensed attorney.
What New York renters and landlords get wrong
New York ties a landlord’s month-to-month notice to how long the tenant has lived there, a change that surprises anyone relying on old sources. Under Real Property Law §226-c, a landlord must give at least 30 days’ notice to a tenant of under a year, 60 days for one to two years, and 90 days for two years or more. The same tiers apply not just to ending a tenancy but to a renewal offer that raises the rent by 5% or more, so a landlord cannot spring a big increase without the matching notice. A tenant, by contrast, generally gives about one month, shorter than the landlord’s duty. This tiered scheme dates to the Housing Stability and Tenant Protection Act of 2019, so any pre-2019 source describing a flat 30-day rule is outdated. Two wrinkles matter: an appellate decision suggests the tiers govern summary proceedings while a longer common-law notice may apply to ejectment, and rent-stabilized or New York City units carry extra protections on top of §226-c. Check the unit’s status before relying on the state floor.
Common questions
How much notice to end a month-to-month tenancy in New York?
A landlord gives 30 days for under a year of occupancy, 60 days for one to two years, and 90 days for two years or more, under §226-c. A tenant generally gives about one month.
Does a New York rent increase require the same notice?
Yes. A renewal offer that raises the rent by 5% or more triggers the same 30, 60, or 90-day notice, by length of occupancy, as a non-renewal.
Did New York change its notice rules?
Yes. The tiered 30/60/90-day scheme came from the 2019 Housing Stability and Tenant Protection Act. Older sources describing a flat 30-day or one-month rule are out of date.
Do rent-stabilized units follow the same notice rules in New York?
They carry extra protections on top of §226-c. Rent-stabilized units and New York City rules can require more notice and a stated cause, so confirm your unit’s status.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.