New York Month-to-Month Lease: 30, 60 or 90 Days' Notice by Tenure

By Steve Levine · Updated November 3, 2026

Short answer: To end a New York month to month lease, a landlord must give written notice of 30, 60 or 90 days depending on how long you have lived there, under Real Property Law § 226-c. In New York City, and in towns that opted in, the Good Cause Eviction Law in RPL Article 6-A also requires a legal reason to remove a covered tenant. Outside NYC, a tenant ends a monthly tenancy with at least one month’s notice under RPL § 232-b.

New York Month to Month Lease Notice Periods

Rule	New York	Statute
Landlord notice, occupied less than 1 year	At least 30 days	RPL § 226-c(2)
Landlord notice, 1 to 2 years	At least 60 days	RPL § 226-c(2)
Landlord notice, 2 years or more	At least 90 days	RPL § 226-c(2)
Rent increase of 5% or more	Same 30/60/90-day written notice	RPL § 226-c(1)(a)
Tenant notice, outside NYC	At least one month before the term ends	RPL § 232-b
Holdover after lease, rent accepted	Becomes month to month	RPL § 232-c
Tenant stays after own notice to quit	Double rent while in possession	RPL § 229
Good cause required	NYC, and localities that adopt Article 6-A	RPL §§ 212-213

The 30/60/90 Rule in RPL § 226-c

New York ties a landlord’s notice to your history in the unit. Under RPL § 226-c(1)(a), a landlord who does not intend to renew a tenancy, or who will renew only with a rent increase of 5% or more, must give written notice. Subdivision 2 sets the length based on how long you have occupied the unit or the length of your lease, whichever is longer: at least 30 days if under one year, at least 60 days if more than one year but under two, and at least 90 days for two years or more.

For month-to-month tenants, the “occupancy” measure usually does the work. Someone who signed a one-year lease three years ago and has been month to month since is entitled to 90 days, not 30.

If the landlord gives late notice, the section has teeth: the tenancy “shall continue under the existing terms” until the full notice period has run, regardless of what the lease says. The current version, in effect since August 18, 2024, also requires the notice to include the Good Cause disclosure from RPL § 231-c, stating whether your unit is covered and, if the landlord claims an exemption, why.

How § 226-c interacts with NYC’s old 30-day rule

In New York City, RPL § 232-a covers removing a monthly tenant for holding over. The notice must say the landlord elects to terminate and will start summary proceedings if you do not leave, and it is served the same way as a notice of petition. The section’s 30-day period applies only to non-residential tenancies; for residential tenants it points to the § 226-c(2) periods instead.

Good Cause Eviction: When a Reason Is Required

The Good Cause Eviction Law, Article 6-A of the Real Property Law, applies in New York City under § 212, which is scheduled for repeal on June 15, 2034. Elsewhere, § 213(1) makes it apply only in a village, town or city that adopts it by local law. Where it applies, § 216(1) protects a covered tenant even if you have no written lease or your lease has expired, which squarely includes month-to-month tenants.

The grounds listed in § 216 include nonpayment (unless caused by an unreasonable increase), uncured violation of a substantial lease obligation after 10 days’ written notice, nuisance or serious damage, illegal use, unreasonable refusal of access, and good-faith demolition or withdrawal from the market. Owner or family personal use must be proved by clear and convincing evidence and is not available against tenants 65 or older or disabled tenants.

Who is not covered

Section 214 excludes a long list of housing. Exemptions include units owned by a “small landlord,” which § 211 defines as owning no more than ten units in the state unless a local law sets another number; owner-occupied buildings of ten or fewer units; units with a certificate of occupancy issued on or after January 1, 2009, for 30 years; units renting above 245% of fair market rent; rent-regulated and income-restricted units; and condos and co-ops. A landlord claiming the small-landlord exemption in court must disclose its natural-person owners and their units.

Rent Increases on a Month-to-Month

Two rules can apply. First, under § 226-c(1)(a), any increase of 5% or more requires the same 30, 60 or 90 days’ written notice as a non-renewal. Second, for Good Cause tenants, § 216 creates a rebuttable presumption that an increase above the “local rent standard” is unreasonable. Section 211 sets that standard at the lower of 10% or 5% plus the annual change in the regional consumer price index published by the state’s housing agency (DHCR).

An increase above the standard is not automatically illegal; the landlord can try to justify it with costs such as taxes, insurance or major repairs. But you cannot be evicted for nonpayment caused by an unreasonable increase, and refusal of a reasonable lease change is a ground only if the landlord gave written notice at least 30 but no more than 90 days before expiration, under § 216. Our rent increase checker walks through the numbers.

How the Tenancy Begins, and Tenant Notice

Most New York month-to-month tenancies start after a lease ends. Under RPL § 232-c, a tenant whose term was longer than a month and who stays on does not get locked into a new fixed term, but if the landlord accepts rent for a period after the lease expires, the result is “a tenancy from month to month,” beginning the day after the term ended, unless the parties agreed otherwise.

Outside New York City, RPL § 232-b lets the tenant end a monthly tenancy with at least one month’s notice before the end of the term. Inside NYC, §§ 226-c, 232-a and 232-b set no tenant-side period, so check your lease. None of those three sections sets a separate period for week-to-week tenancies.

Whichever applies, stick to the date you give. Under RPL § 229, a tenant who gives notice of intent to quit and does not leave on that date owes “double the rent” for as long as they remain.

Worked Example: A Queens Tenant of Three Years

Keisha signed a one-year lease on an apartment in a 40-unit Queens building, built in 1962 and not rent stabilized, in March 2023 and has paid $2,200 month to month since it expired. In September, her landlord wants her out. Because she has lived there more than two years, § 226-c(2) requires at least 90 days’ written notice, with the § 231-c Good Cause disclosure. Because the building is in NYC and does not appear to fit a § 214 exemption, the landlord also needs a § 216 ground; “we want a new tenant” is not one.

If the landlord instead proposes $2,420 (a 10% increase), § 226-c still requires 90 days’ notice because the increase is 5% or more. Whether $2,420 is presumed unreasonable depends on that year’s local rent standard under § 211. Keisha can plug her dates into our notice deadline calculator.

Frequently Asked Questions

Can a New York landlord end a month-to-month tenancy with 30 days’ notice?

Only if you have lived there less than a year. RPL § 226-c(2) requires 60 days after one year and 90 days after two years. In Good Cause areas, the landlord also needs a legal ground under § 216.

Does Good Cause Eviction apply in Buffalo, Albany or my town?

Outside NYC, Article 6-A applies only where the local government has adopted it by local law under § 213. Check your city, town or village’s local laws, and look for the § 231-c disclosure in any notice you receive.

What happens if my landlord’s notice was late?

Under § 226-c(1)(a), your tenancy continues on the existing terms until the required notice period has fully run.

How much notice do I give to leave a month-to-month in New York?

Outside NYC, at least one month before the end of a term under § 232-b. In NYC, the statutes discussed here set no tenant period, so follow your lease. Leaving after your stated date can trigger double rent under § 229.

Is my rent-stabilized apartment covered by these rules?

Rent-regulated units are excluded from Good Cause by § 214 because they are already subject to other rent or eviction regulation. Section 226-c’s notice periods are separate from that regime.

Next Steps for New York Renters

Count how long you have lived in the unit to find your 30, 60 or 90 days, then check whether Good Cause applies. Our New York City tenant rights page covers city rules, and the New York security deposit law guide covers move-out money. Compare states on the month-to-month lease laws by state hub. This page is general information, not legal advice; the LSC legal help finder lists free legal aid near you.

Sources

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