A New York month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a New York Month-to-Month Rental Agreement
In New York, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under New York landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in New York
New York landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Operative Fire Sprinkler System Notice – All New York rental agreements must include a conspicuous, bolded disclosure regarding the presence or absence of a functioning fire sprinkler system on the property.
- Good Cause Eviction Notice Disclosure – New York landlords, when executing or renewing a lease, must present a long and specific notice about the applicability of the state’s good-cause eviction law.
- Security Deposit Holdings Disclosure – New York landlords can’t ask for a security deposit unless they first provide a written disclosure of how the funds will be kept during the rental period.
- Certificate(s) of Occupancy – When a New York property contains three or fewer units, the landlord can’t rent them out without providing a conspicuous, bolded notice disclosing the status (or absence) of a certificate of occupancy.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in New York
New York lets both the landlord or tenant terminate a month-to-month lease outside New York City with at least 30 days of advance notice. For month-to-month rentals inside New York City, advance notice depends on the amount of time the tenant has spent occupying the rental unit:
- Up to one year: 30 days
- More than one year but less than two: 60 days
- Two years or more: 90 days
In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease. New York requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a New York Month-to-Month Lease
New York lets a landlord raise the rent on a month-to-month property outside New York City with at least 30 days of advance notice. For month-to-month rentals inside New York City, advance notice depends on the amount of time the tenant has spent occupying the rental unit:
- Up to one year: 30 days
- More than one year but less than two: 60 days
- Two years or more: 90 days
Eviction in New York Month-to-Month Rentals
New York tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in New York typically take one to five months.
For more information on the eviction process in New York, click here.
Sources
- 1 N.Y. Real Prop. s. 232-B
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A monthly tenancy or tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the tenant or for a tenancy other than a residential tenancy the landlord, upon the tenant’s or non-residential landlord’s notifying the landlord or non-residential tenant at least one month before the expiration of the term of the tenant’s election to terminate; provided, however, that no notification shall be necessary to terminate a tenancy for a definite term.
Source Link - 2 N.Y. Real Prop. s. 262-C
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1. (a) Whenever a landlord intends to offer to renew the tenancy of an occupant in a residential dwelling unit with a rent increase equal to or greater than five percent above the current rent, or the landlord does not intend to renew the tenancy, the landlord shall provide written notice as required in subdivision two of this section.If the landlord fails to provide timely notice, the occupant’s lawful tenancy shall continue under the existing terms of the tenancy from the date on which the landlord gave actual written notice until the notice period has expired, notwithstanding any provision of a lease or other tenancy agreement to the contrary.
(b) Notwithstanding paragraph (a) of this subdivision, notice shall not be required under this section to be provided by a cooperative housing corporation, other than a cooperative housing corporation subject to the provisions of article two, article four, article five or article eleven of the private housing finance law, to a tenant who is a dwelling unit owner or shareholder of such corporation. Nothing in this paragraph shall relieve such cooperative housing corporation of any otherwise applicable obligation to provide notice to such tenant pursuant to any other law or any agreement between the parties.
2. (a) For the purposes of this section, the required notice shall be based on the cumulative amount of time the tenant has occupied the residence or the length of the tenancy in each lease, whichever is longer.
(b) If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days’ notice.
(c) If the tenant has occupied the unit for more than one year but less than two years, or has a lease term of at least one year but less than two years, the landlord shall provide at least sixty days’ notice.
(d) If the tenant has occupied the unit for more than two years or has a lease term of at least two years, the landlord shall provide at least ninety days’ notice.
Source Link - 3 N.Y. Real Prop. Law § 231-C
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A landlord as defined in subdivision two of section two hundred eleven of this chapter shall append to or incorporate into any initial lease, renewal lease, notice required pursuant to paragraph (a) of subdivision one of section two hundred twenty-six-c of this article, notice required pursuant to subdivision two of section seven hundred eleven of the real property actions and proceedings law, or petition pursuant to section seven hundred forty one of the real property actions and proceedings law, the following notice: [notice omitted here for reasons of length, but available at the primary source link provided.]
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