New York Notice Requirements to Terminate a Month-to-Month Tenancy

by ECL Writer
New York Tenant's Rights to Withhold Rent or “Repair and Deduct”

The termination of a month-to-month tenancy in New York requires a specific process and notice period in order to be legally binding. The notice period for termination depends on whether the termination is initiated by the landlord or the tenant, and the length of the tenancy. It is crucial for both parties to understand and follow the notice requirements in order to avoid potential legal disputes. In this article, Eastcoastlaws.com we will discuss the New York notice requirements for terminating a month-to-month tenancy and provide guidance for ensuring a smooth and compliant termination process.

What Is a Lease Termination

In New York, a lease termination refers to the act of ending a lease agreement before its expiration date. Tenants have the right to break a lease early without further liability for the rent if they have a legally justified reason, such as the landlord repeatedly violating the terms of the agreement, failing to provide mandatory disclosures required by New York law, or using an illegal or unenforceable contract. Tenants may also be able to end their lease early by using one of the following arguments, but they may need to get the case reviewed and approved by a court before getting legal protections:

  • The landlord failed to provide the mandatory disclosures required by New York law.
  • The property manager or landlord used an illegal or unenforceable contract.
  • The landlord repeatedly violated the terms of the agreement.

If tenants break a lease without a legally justified reason, they may be liable for the remaining rent due under the lease. However, landlords in New York have the responsibility to “mitigate damages” by trying to rent their property reasonably quickly. Once the new tenant begins paying rent, the old tenant’s responsibility for rent for the balance of the original rent term ends. Tenants who want to break their lease should provide their landlord with as much notice as possible and write a sincere letter. They may also owe a penalty fee or lose their security deposit, and the amount can vary. Landlords can keep the tenant’s security deposit as a penalty, and if the deposit’s amount isn’t enough to cover the entire lease term, the landlord may sue the tenant in a small claims court. To terminate a lease early for domestic violence in New York, a tenant must provide the landlord with proper documentation and 30 days’ written notice of termination. The tenant remains liable for any damage done to the rental unit as well as the rent due for the final month. Leases for apartments that are not rent stabilized may be oral or written, but to avoid disputes, the parties may wish to enter into a written agreement. A party must sign the lease to be bound by its terms. An oral lease for more than one year cannot be legally enforced.

Notice Requirements for New York Landlords

In New York, landlords are required to provide written notice to tenants for various reasons, including termination of tenancy, rent increases, or making changes to the lease agreement. The notice requirements vary depending on the type of tenancy, the reason for the notice, and the length of the tenancy.

One of the most important notice requirements for landlords in New York is the notice to terminate a tenancy. To terminate a month-to-month tenancy, a landlord must provide the tenant with written notice at least 30 days prior to the end of the current rental period, unless the tenant has occupied the premises for less than one year. In this case, the notice period is 90 days. The notice should specify the last day of the rental period and the reason for termination, if applicable.

In addition to termination notices, landlords in New York are also required to provide written notice to tenants for rent increases. For a month-to-month tenancy, the notice period for a rent increase is 30 days. For a lease with a fixed term, the rent increase notice must be given at least 90 days prior to the end of the lease term.

Another notice requirement for landlords in New York is the notice for making changes to the lease agreement. This includes changes such as adding or removing tenants, adding new rules or regulations, or making alterations to the rental unit. Landlords must provide written notice to tenants of any changes to the lease agreement, and the notice period is determined by the terms of the lease agreement.

It is important to note that in New York, landlords must use proper notice forms and follow strict notice requirements. If a landlord fails to provide proper notice, the tenancy may continue, and the notice may be considered invalid. In some cases, tenants may also be able to recover damages for a failure to provide proper notice.

Notice Requirements for New York Tenants

New York tenants who want to get out of a month-to-month rental agreement must provide one month’s notice. Be sure to check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date.

In some situations, you may be able to move out with less (or no) notice—for example, if your landlord seriously violates the rental agreement or fails to fulfill legal responsibilities affecting your health or safety.

New York 90-day Notice To Terminate Tenancy

In New York State, the amount of notice required to terminate a month-to-month tenancy depends on how long the tenant has been in possession of the premises. If a tenant is on a month-to-month lease and the landlord does not provide a new lease to sign, the tenant is considered to be on a month-to-month tenancy. If the tenant has been in possession of the premises for two years or more, the landlord must provide a 90-day written notice before raising the rent or not renewing the lease6. If the landlord wants the tenant to vacate the premises, they must provide a 90-day notice.

End Of Lease Notice In New York

In New York, the notice required to end a month-to-month tenancy is at least 30 days. The last day in the notice must be the last day of a rental period. For example, if the tenant pays rent on the 15th of every month, then the last day should be the 14th of the month. If the tenant has occupied the premises for less than one year, a 30-day notice is required. If the tenant has occupied the premises for more than one year but less than two years, a 60-day notice is required. If the tenant has occupied the premises for more than two years or the lease is for at least two years, then a 90-day notice must be provided. The notice must be delivered to the tenant in the right way. If the tenant does not move out by the deadline in the notice, the landlord can start a holdover case

Termination Of Month-To-Month Lease Letter

To terminate a month-to-month lease in New York, a lease termination letter must be provided to the other party. The letter should include the following information:

  • The date the letter is being written
  • The name and address of the tenant(s)
  • The name and address of the landlord
  • The date the tenant(s) will vacate the property
  • A statement indicating that the letter is a notice of termination of the lease
  • A statement indicating that the tenant(s) will be responsible for rent until the date of termination
  • A statement indicating that the tenant(s) will be responsible for any damages to the property

The letter should be sent via certified mail with a return receipt requested, or it can be delivered in person with a witness present. The notice period for a month-to-month lease is 30 days, so the letter should be sent at least 30 days before the date the tenant(s) plan to vacate the property. It is important to note that a lease termination letter is not required for fixed-term leases that are ending on their end date. Additionally, tenants may be able to terminate a lease early without further liability for the rent if they have a legally justified reason, such as the landlord repeatedly violating the terms of the agreement, failing to provide mandatory disclosures required by New York law, or using an illegal or unenforceable contract.

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