New York month-to-month termination notice

State form

• The New York State Unified Court System publishes a free statewide Written Notice to Terminate (Move Out), with a box for a landlord ending a lease or a verbal or written rental agreement.²
• A New York landlord’s notice of non-renewal under Section 226-c must include or attach the Good Cause Eviction Law notice of Real Property Law Section 231-c.¹
• In New York City, Section 232-a requires the notice to say that the landlord elects to end the tenancy and will start summary proceedings if the tenant has not left by the stated day.³

Deadlines

• New York Real Property Law Section 226-c sets a minimum of 30 days’ notice when the tenant has lived in the unit under a year and has no lease of a year or longer.¹
• A New York tenant who has lived in the unit more than one year but under two years is owed at least 60 days’ notice under Section 226-c.¹
• After more than two years in the unit, or with a lease of two years or more, New York Section 226-c requires at least 90 days’ notice.¹
• New York measures that notice by the tenant’s total time in the home or the length of the lease, whichever is longer.¹
• In New York City, Real Property Law Section 232-a ties the removal of a month-to-month residential tenant to the notice periods of Section 226-c.³

Delivering the notice

• New York City Section 232-a requires the termination notice to be served the same way as a notice of petition in an eviction case.³
• Those New York methods, in Section 735 of the Real Property Actions and Proceedings Law, include affixing the paper on a conspicuous part of the property or under the entrance door, followed by mailing.⁴

Law

• Outside New York City, the one-month rule of Real Property Law Section 232-b covers a tenant ending a month-to-month tenancy and a non-residential landlord, not a residential landlord.⁵
• Where the New York Good Cause Eviction Law applies, a landlord cannot remove a covered tenant without a court finding good cause, even if there is no written lease or the lease has ended.⁶
• The New York Good Cause Eviction Law applies in New York City by statute.⁷
• Outside New York City, the Good Cause Eviction Law applies only in a village, town or city that adopts it by local law.⁸
• New York’s Good Cause Eviction Law exempts units of a small landlord and owner-occupied buildings with no more than ten units.⁹
• In New York City, a small landlord under the Good Cause Eviction Law owns no more than ten units in the state; opt-in localities may set a different number.¹⁰
• The New York Attorney General notes that tenants in rent-regulated apartments were already protected from eviction without cause before the Good Cause Eviction Law.¹¹
• According to the New York Attorney General, the Good Cause Eviction Law means most covered landlords cannot evict or refuse to renew just because a lease has expired.¹¹

• Property address, unit and county
• The date the tenancy began
• The last day of the tenancy, counted from your state’s notice period
• A mailing address where the tenant returns keys and sends a forwarding address

It is not for late rent or a lease violation, which take a different notice, and it does not end a fixed-term lease before its end date.