New York: Month-to-Month Tenancy Termination Notice Requirements
The short answer
In New York, a landlord ending a month-to-month tenancy must give written notice on a sliding scale tied to how long the tenant has lived there: at least 30 days if under a year, 60 days if one to two years, and 90 days if two years or more. A tenant only needs to give about one month's notice. If a landlord gives short notice, the tenancy does not simply end — it continues on the existing terms until the full notice period runs. And New York's 2024 'good cause eviction' law can separately require a landlord to have a lawful reason to end a tenancy in covered units.
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This is the general rule in New York. Ezel applies current New York law to your specific facts and answers with citations to the statutes.
| Governing law | N.Y. Real Prop. Law § 226-c sets the landlord's tiered notice for non-renewing or ending a residential tenancy; § 232-a routes New York City month-to-month terminations to those same tiers, and § 232-b governs month-to-month tenancies outside the city (the tenant's one-month notice). Overlaid on all of it is the 2024 'good cause eviction' law (Article 6-A), which § 226-c cross-references. Scope here is an ordinary residential month-to-month tenancy ended with no fault |
|---|---|
| Landlord's notice period | A sliding scale based on the tenant's cumulative occupancy (§ 226-c(2)): 'at least thirty days' notice' if the tenant has occupied under a year with no lease of a year or more; 'at least sixty days' notice' for one to two years; and 'at least ninety days' notice' for two years or more. This applies in New York City via § 232-a and statewide via § 226-c — § 232-b's one-month rule expressly does not cover a residential landlord |
| Tenant's notice period | About one month. Outside New York City a month-to-month tenancy 'may be terminated by the tenant ... at least one month before the expiration of the term' (§ 232-b); the § 226-c 30/60/90-day tiers bind the landlord, not the tenant, so a tenant's notice does not lengthen with occupancy. Within New York City a month-to-month tenant likewise gives about a month's notice under the general rule |
| When termination takes effect | Notice must precede the end of the term by the required number of days, and short notice does not cut the tenancy off. If a landlord 'fails to provide timely notice, the occupant's lawful tenancy shall continue under the existing terms ... from the date on which the landlord gave actual written notice until the notice period has expired' (§ 226-c(1)(a)). So an under-notice termination simply rolls forward until the full 30/60/90 days run, rather than ending early or being void |
| Form and required contents | Written notice is required (§ 226-c; § 232-a requires 'a notice in writing'). For a unit covered by the good cause eviction law, § 226-c(1)(a) requires the notice to state whether the unit is subject to Article 6-A (and if exempt, why), and, if the landlord is not renewing a covered unit, 'the lawful basis for such non-renewal.' A New York City notice must state that the landlord elects to terminate and will bring summary proceedings if the tenant does not leave by the date designated (§ 232-a) |
| How notice must be delivered | In New York City the termination notice must be served 'in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law' (§ 232-a). Section 226-c requires the notice to be in writing and treats the notice period as running from when 'the landlord gave actual written notice' (§ 226-c(1)(a)). Outside the city, a § 232-b tenant notice must be given at least one month before the term expires |
| What the lease can change | The landlord's notice cannot be waived by the lease. If timely notice is not given, the tenancy continues until the notice period expires 'notwithstanding any provision of a lease or other tenancy agreement to the contrary' (§ 226-c(1)(a)). A lease cannot shorten the 30/60/90-day landlord tiers below the statutory floor. Section 232-b adds that 'no notification shall be necessary to terminate a tenancy for a definite term' — i.e., a fixed-term lease ends on its own date |
| Just-cause limits | New York enacted a 'good cause eviction' law (Real Prop. Law Article 6-A) in 2024. Section 226-c(1)(a) requires a termination or non-renewal notice for a covered unit to state 'the lawful basis for such non-renewal,' so for covered units enough days is not enough — the landlord needs a lawful ground. Whether a given unit is covered, and the many exemptions, are set by Article 6-A itself. The consequence of defective landlord notice is continuation of the tenancy until the notice period runs (§ 226-c(1)(a)), not a fixed penalty; there is no relocation-assistance requirement |
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Requirements one by one
Governing law
New York spreads the rule across three sections of the Real Property Law, plus a
newer overlay. Section 226-c, rewritten by the 2019 Housing Stability and Tenant
Protection Act, sets a landlord's notice period for ending or not renewing a
residential tenancy on a sliding scale. Section 232-a applies that same scale to
month-to-month terminations in New York City, and § 232-b governs month-to-month
tenancies outside the city — chiefly the tenant's one-month notice. On top of all of
it sits the 2024 "good cause eviction" law (Article 6-A), which § 226-c
cross-references. This page is about an ordinary no-fault termination; eviction for
nonpayment or a lease breach is a separate process.
Landlord's notice period
A landlord's notice grows with how long the tenant has lived there. Under
§ 226-c(2), the period is "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": at least 30 days if under a year, at least 60 days for one to two
years, and at least 90 days for two years or more. These tiers apply in New York
City through § 232-a and statewide through § 226-c itself — note that § 232-b's
older one-month rule expressly does not reach a residential landlord.
Tenant's notice period
A tenant's clock is flat, not tiered. Outside New York City, a month-to-month
tenancy "may be terminated by the tenant ... at least one month before the expiration
of the term" (§ 232-b), regardless of how long the tenant has lived there — the
30/60/90-day scale binds only the landlord. A month-to-month tenant in New York City
likewise gives about a month's notice.
When termination takes effect
The notice has to precede the end of the term by the required number of days, and —
importantly — a landlord's short notice does not end the tenancy early or make it
void. If a 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"
(§ 226-c(1)(a)). In other words, give a tenant of two years only 30 days and the
tenancy simply runs until the full 90 days are up.
Form and required contents
Notice must be in writing (§ 226-c; § 232-a calls for "a notice in writing"). For a
unit covered by the good cause eviction law, § 226-c(1)(a) requires the notice to
state whether the unit is subject to Article 6-A — and if it is exempt, why — and,
where the landlord is not renewing a covered unit, "the lawful basis for such
non-renewal." A New York City notice must also say that the landlord elects to
terminate and will begin summary proceedings if the tenant does not leave by the
date named (§ 232-a).
How the notice must be delivered
In New York City, the notice must be served "in the same manner in which a notice of
petition in summary proceedings is now allowed to be served by law" (§ 232-a) —
i.e., by the methods used to serve an eviction petition. Section 226-c requires
written notice and measures the notice period from the day "the landlord gave actual
written notice." Keep proof of service; because the tenancy continues until the
notice period runs, the delivery date sets the clock.
What the lease can change
Not the landlord's notice. If a landlord fails to give timely notice, the tenancy
continues until the notice period expires "notwithstanding any provision of a lease
or other tenancy agreement to the contrary" (§ 226-c(1)(a)) — so a lease cannot cut
the 30/60/90-day tiers below the statutory floor. Section 232-b does confirm the flip
side for fixed terms: "no notification shall be necessary to terminate a tenancy for
a definite term," which ends on its own date.
Just-cause limits
New York's 2024 good cause eviction law (Article 6-A) can require a landlord to have a
lawful reason to end a tenancy in a covered unit. Section 226-c(1)(a) makes this
concrete for the notice: for a covered unit, the landlord's non-renewal notice must
state "the lawful basis for such non-renewal." So in covered housing, hitting the day
count is not enough — the landlord also needs a permitted ground. Which units are
covered, and the law's many exemptions, are set out in Article 6-A. When a landlord's
notice is defective, the remedy is continuation of the tenancy until the notice period
runs (§ 226-c(1)(a)), not a set penalty.
What trips people up
Count the tenant's whole tenancy, not just the current lease. The 30/60/90-day
tier turns on "the cumulative amount of time the tenant has occupied the residence ...
whichever is longer" (§ 226-c(2)). A tenant who rolled from a lease into
month-to-month over three years is in the 90-day tier.
Short notice doesn't end the tenancy — it just delays. Giving a long-term tenant
only 30 days does not force them out in 30 days; the tenancy continues until the full
required period runs (§ 226-c(1)(a)). Landlords who miscount lose weeks, not the case.
"Good cause" may apply on top of the notice. In covered units the landlord needs a
lawful basis to end the tenancy, stated in the notice (§ 226-c(1)(a)). Coverage and
exemptions are defined by Article 6-A; check whether the unit is covered before
treating a no-cause notice as valid.
Common questions
How much notice must my New York landlord give to end my month-to-month tenancy?
It depends on how long you've lived there: at least 30 days under a year, 60 days for
one to two years, and 90 days for two years or more (§ 226-c(2)).
How much notice do I give as a tenant? About one month before the end of the term
(§ 232-b outside New York City). The sliding scale applies to landlords, not tenants.
My landlord gave 30 days but I've lived here three years. Do I have to leave in 30
days? No. Your tenancy continues on the existing terms until the full 90-day period
runs (§ 226-c(1)(a)); the short notice just starts a longer clock.
Does my landlord need a reason to end my tenancy? Maybe. New York's 2024 good cause
eviction law (Article 6-A) requires a lawful basis to end a tenancy in covered units,
and § 226-c requires the notice to state it. Whether your unit is covered depends on
Article 6-A's coverage and exemption rules.
Statutes and sources
- N.Y. Real Prop. Law § 226-c — the landlord's tiered notice for non-renewing/ending a residential tenancy: 30/60/90 days by cumulative occupancy (subd. 2), the good-cause-eviction notice contents (subd. 1(a)), and the rule that late notice continues the tenancy until the period runs.
https://www.nysenate.gov/legislation/laws/RPP/226-C (accessed 2026-07-15) - N.Y. Real Prop. Law § 232-a — New York City month-to-month terminations, applying the § 226-c notice periods and requiring written notice served like a summary-proceeding petition.
https://www.nysenate.gov/legislation/laws/RPP/232-A (accessed 2026-07-15) - N.Y. Real Prop. Law § 232-b — month-to-month tenancies outside New York City: the tenant's one-month notice, and that no notice is needed to end a definite (fixed) term.
https://www.nysenate.gov/legislation/laws/RPP/232-B (accessed 2026-07-15)
Source links
Every statute quoted above, linked, with the date we checked it.
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