New York Month-to-Month Rental Agreement

Legal Requirements for Month-to-Month Leases

Minimum Termination Period

To terminate a month-to-month lease, the party wishing to end the agreement must provide notice as follows:

• New York City: A 30-day notice is required.
• Outside New York City: A one-month advance notice is necessary.

Rent Increase

Landlords can increase rent without a limit; however, if the increase is 5% or more, they must provide a written notice at least 30 days in advance. Landlords are also required to comply with New York rent guidelines when raising rent.

Required Disclosures

Landlords must provide specific disclosures to tenants, which include:

1. Flood Risk: Disclosure of any prior damage from natural flooding and whether the property is located in a floodplain, along with a flood insurance statement.
2. Sprinkler System: Information on whether the property has an operational sprinkler system.
3. Copy of the Lease: A copy of the rental agreement must be provided to the tenant.

For additional disclosures and state regulations, landlords should refer to the New York lease agreement page.

New York Month-to-Month Eviction

To evict a month-to-month tenant in New York, landlords must follow these steps:

• Provide a written 30-day notice to terminate the tenancy, clearly stating the termination date.
• If the tenant does not vacate by the specified date, the landlord must initiate a holdover proceeding in court to legally remove the tenant.
• Landlords must comply with anti-retaliation laws, ensuring that the eviction is not a response to the tenant exercising their legal rights.

Additional Month-to-Month Laws

Termination Notice

A notice to quit must be issued one month before the termination date. For properties located in New York City, a 30-day notice is required.

Rent Increase Notice

The following notice periods are required for rent increases of 5% or more:

• Less than one year of occupancy: 30 days’ notice.
• More than one year but less than two years of occupancy: 60 days’ notice.
• More than two years of occupancy: 90 days’ notice.

Required Disclosures (10)

1. Allergen Hazards Disclosure (NYC Only): Notification of annual inspections for indoor allergen hazards.
2. Bedbug Infestation Disclosure (NYC Only): Disclosure of any history of bedbug infestation.
3. Building Smoking Policy Disclosure (NYC Only): Identification of smoking areas in buildings with three or more units.
4. Certificate of Occupancy: Information on whether the property has a valid certificate of occupancy.
5. Flood Disclosure: Details on flood damage and floodplain status.
6. Lead-Based Paint Disclosure: Required for properties built before 1978 to inform tenants about lead-based paint presence.
7. Security Deposit Receipt: Notification of the bank where the security deposit is held.
8. Sprinkler System Disclosure: Confirmation of an operational sprinkler system.
9. Stove Knob Covers Disclosure (NYC Only): Requirement for installation of stove knob covers in units with children under six.
10. Window Guard Disclosure (NYC Only): Requirement for window guards if a child aged 10 or younger occupies the property.

Statutes

• N.Y. Real Prop. Law § 227-C – Termination of residential lease by victims of domestic violence
• N.Y. Real Prop. Law § 232-A – Notice to terminate monthly tenancy or tenancy from month to month in the city of New York
• N.Y. Real Prop. Law § 232-B – Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York
• N.Y. Real Prop. Law § 233-B – Campgrounds
• N.Y. Real Prop. Law § 234 – Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property
• N.Y. Real Prop. Law § 235-A – Tenant right to offset payments and entitlement to damages in certain cases
• N.Y. Real Prop. Law § 235-B – Warranty of habitability
• N.Y. Real Prop. Law § 235-D – Harrasment
• N.Y. Real Prop. Law § 235-E – Duty to provide written receipt
• N.Y. Real Prop. Law § 235-G – Electronic billing and/or payment of rent
• N.Y. Real Prop. Acts. Law § 753(4) – Stay in premises occupied for dwelling purposes
• N.Y. Gen. Oblig. Law § 5-328 – Processing fee by holder of dishonored check
• N.Y. Gen. Oblig. Law § 7-103(1) – Money deposited or advanced for use or rental of real property; waiver void; administration expenses
• N.Y. Gen. Oblig. Law § 7-103(2) – Money deposited or advanced for use or rental of real property; waiver void; administration expenses
• N.Y. Gen. Oblig. Law § 7-105 – Landlord failing to turn over deposits made by tenants or licensees and to notify tenants or licensees thereof in certain cases