A New York month-to-month lease agreement is a flexible rental arrangement that renews each month until either party ends it. As a tenancy at will, it has no fixed end date and is common in fast-moving New York markets. Even with this flexibility, landlords must comply with all state-required disclosures, applicable rent regulations, and strict notice requirements.
Below is an overview of the key laws and requirements for creating a compliant New York month-to-month lease agreement.
Disclosures (7)
New York requires you to include several disclosures in your residential rental agreement. These disclosures help clarify responsibilities and ensure that tenants understand key information about the property.
- Lead-based paint: For homes built before 1978, landlords must disclose any known information about lead-based paint in the unit and provide information on lead-based paint and its hazards.
- Bed bugs: For properties in New York City, landlords must disclose the building’s bed bug history for the previous calendar year using the city’s required form, even if there were no reported issues during that time (N.Y.C. Admin. Code § 27-2018.1).
- Sprinklers: Landlords must state whether an automatic sprinkler system serves the unit and, if so, when it was last inspected or serviced (N.Y. Real Prop. Law § 231-a).
- Security deposit receipt: When a landlord collects a security deposit, they must give the tenant a receipt that lists the amount, as well as the name and address of the bank holding the funds (N.Y. Gen. Oblig. Law § 7-103).
- Reasonable modifications and adjustments: Landlords must give tenants written notice explaining their right to request reasonable modifications or accommodations to the rental in connection with a disability (N.Y. Exec. Law § 170-d).
- Rent stabilization: If your property is in an area with rent control or rent stabilization laws, the landlord must inform the tenant and follow all related registration and rent limit rules (NYC Admin. Code §26-511).
- Certificate of occupancy: For smaller buildings, landlords must confirm that the rental unit is legally approved for residential use and meets applicable New York safety and occupancy standards (N.Y. Real Prop. Law § 235-bb).
Optional Disclosures and Addenda
While not required, adding optional disclosures helps reduce disputes and clarify expectations in a New York month-to-month lease agreement.
Asbestos: Provides information about known asbestos in older buildings and steps tenants should take to avoid disturbing it.
Bed bugs: Required in New York City but optional elsewhere in the state; outlines any history of infestations in the building.
Medical marijuana use: Outlines the rules surrounding the use of medical marijuana on the property, as some states allow landlords to limit its use.
Mold: Shares any known or suspected mold conditions and guidelines for prevention.
Move-in checklist: Documents the unit’s condition at the start of the tenancy for accurate security deposit deductions.
Non-refundable fees: Clarifies any fees that you will not return at move-out.
Shared utilities arrangement: Outlines how landlords will split utility costs if any tenants share a utility meter.
Smoking: Details the unit’s smoking policy, including any designated smoking areas on the property.
Additional New York Month-to-Month Lease Laws
A New York month-to-month lease agreement must comply with statewide rules governing notice to terminate, rent increases, lease violations, evictions, security deposits, and property access. These laws ensure fair treatment for both landlords and tenants.
Notice to Terminate a Month-to-Month Agreement
New York requires specific notice periods based on the length of the tenant’s occupancy.
Required notice for tenant: Tenants may end a month-to-month lease by giving at least one month’s written notice (N.Y. Real Prop. Law § 232-b).
Required notice for the landlord: Landlords must follow a tiered notice structure:
- Tenancy less than one year: at least 30 days’ notice
- Tenancy between one and two years: at least 60 days’ notice
- Tenancy longer than two years: at least 90 days’ notice
Landlords also must have just cause to terminate the agreement under statewide tenant protection laws (Housing Stability & Tenant Protection Act of 2019).
Laws Governing Rent Increases
Rent increase rules vary depending on whether the unit is market-rate or subject to rent stabilization.
Rent-stabilized units must comply with annual rent caps set by the Rent Guidelines Board, and landlords must provide a written explanation for any increase. Rent increases for these units also follow the same 30-, 60-, or 90-day notice timeline based on the tenant’s length of occupancy (Housing Stability & Tenant Protection Act of 2019).
For market-rate units, landlords may raise the rent as needed but must provide advance notice:
- 30 days for tenants who have lived in the unit for less than one year
- 60 days for tenants who have lived in the unit between one and two years
- 90 days for tenants who have lived in the unit for more than two years
Local regulations may impose additional requirements, so landlords should confirm whether the property is subject to rent regulation.
Lease Violations and Eviction
If a tenant ever violates a part of their lease, New York landlords need to know how to respond to get back on track quickly.
Missed rent payment: If a tenant does not pay rent, landlords must issue a 14-day written demand for payment before starting an eviction case.
Lease violation: For violations other than unpaid rent, landlords must provide tenants with written notice and an opportunity to fix the issue before terminating the agreement.
Lease abandonment: If a tenant vacates early, landlords must make reasonable efforts to re-rent the unit, and tenants may be responsible for unpaid rent during the vacancy.
Self-help evictions: Lockouts, utility shutoffs, or removal of tenant belongings without a court order are illegal in New York. All evictions must run through the New York legal process.
Rent Payment Laws
New York law also sets additional rules regarding rent payments, outlined below.
Rent control/stabilization: New York has strict laws governing rent control and stabilization that cap how much a landlord can increase the rent year to year. These vary by city, so always consult your local laws (Housing Stability & Tenant Protection Act of 2019).
Late rent fees: A late fee may not exceed $50 or 5 percent of the monthly rent, whichever is lower, and can be charged only after rent is five days late (N.Y. Real Prop. Law § 238-A(2).
Grace period: Rent must be five days late before any late fee may be applied (N.Y. Real Prop. Law § 238-A(2).
Tenant’s right to withhold rent: Tenants may withhold rent when the landlord fails to meet habitability requirements, making repairs themselves, and deducting the amount from a future rent payment (N.Y. Real Prop. Law § 235-A(1).
Pet rent laws: Landlords may charge pet rent with no limit as long as they spell out the terms in the lease template.
Security Deposits
Often, landlords choose to charge a security deposit to offset potential expenses caused by the tenant, from unpaid rent to property damage.
Maximum amount: New York landlords may charge up to one month’s rent as a security deposit for residential rentals (N.Y. GOB Code § 7-108(1a)).
Deposit receipt: Landlords must notify tenants in writing of the bank holding the deposit, the amount held, and whether the account is interest-bearing (N.Y. GOB Code § 7-103(2)).
Interest payments: If the rental is in a building with six or more units, landlords must place the deposit funds in an interest-bearing account. Interest earned belongs to the tenant minus a small administrative fee (N.Y. GOL Code § 7-103(2-a)).
Security deposit return: Landlords must return the security deposit within 14 days of the tenant’s move-out, and also provide an itemized list of deductions (N.Y. GOB Code § 7-108(1e)).
Deductions: Landlords may take deductions from the security deposit for unpaid rent or damages beyond normal wear and tear, and must support all deductions with documentation (N.Y. GOL Code § 7-108(1b)).
Property Access Laws
From time to time, landlords have to enter their rental properties, whether it’s for routine maintenance or to handle an emergency. New York law regulates how and when they can enter the property.
Advance notice: While New York does not require a specific notice period, landlords generally must give reasonable notice. Typically, that means at least 24 hours for entry related to repairs or inspections.
Immediate access: Landlords may enter rental units without notice in an emergency.
Harassment: Repeated entries without notice or a legitimate reason may constitute tenant harassment and may allow tenants to terminate the lease early.
