New York Month-to-Month Lease Agreement

Last Updated: June 21, 2024 by Roberto Valenzuela

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.

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For information about fixed-term leases in New York (i.e., a term of one year or more), click here.

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.

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The state page for fixed-term leases may have more detailed information on required disclosures.

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.

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