New York Month-to-Month Lease Agreement

Last Updated: April 5, 2022 by Elizabeth Souza

A New York month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.

Note: For fixed term leases in New York (i.e., 1-year), click here.

How do New York Month-to-Month Lease Agreements Work?

A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.

Once the lease is active, both parties are given full rights under New York landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.

How Much Notice is Needed to End the Lease?

The notice depends where the rental property is located. If the rental property is outside of New York City, then either party may terminate a month-to-month lease agreement by giving at least 30 days’ notice. N.Y. Real Prop. Law 232-B

If the rental property is located within New York City N.Y. Real Prop. Law § 226-C:

  • For tenancies less than a term of one year the landlord shall provide at least a 30 days’ notice.
  • For tenancies more than one year but less than two years the landlord must provide 60 days’ notice.
  • If the tenant has lived at the dwelling unit for more than two years the landlord must provide 90 days’ notice.

Notice must be provided in written form.

How Much Notice is Needed to Raise the Rent?

New York landlords must provide notice for an increase in rent if the rent increase is equal to or greater than five percent above the current rent.

The notice depends where the rental property is located. If the rental property is outside of New York City, then either party may terminate a month-to-month lease agreement by giving at least 30 days’ notice. N.Y. Real Prop. Law 232-B

If the rental property is located within New York City N.Y. Real Prop. Law § 226-C:

  • For tenancies less than a term of one year the landlord shall provide at least a 30 days’ notice.
  • For tenancies more than one year but less than two years the landlord must provide 60 days’ notice.
  • If the tenant has lived at the dwelling unit for more than two years the landlord must provide 90 days’ notice.

Notice must also be provided in written form.

Are There Notice Delivery Requirements?

In New York there are notice delivery requirements. The notice must be served to a person who is 18 years or older in person, if personal service is not possible, the notice may be may be made by “nail and mail” which is positing the papers on the door AND mailing a copy via certified mail with a return receipt requested.

How are Month-to-Month Tenants Evicted in New York?

After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.

If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in New York. The process for eviction can be completed in 1-5 months, but can take longer depending on the circumstances.

For more information on the eviction process in New York, click here.