New York Notice to Vacate

New York notice periods

Each period is the one LeaseCraft's record of the statute holds. Read it with the conditions under it: some periods are minimums and some apply unless the lease sets another. "Lease controls" means the record holds no statutory period for that situation, and "No pre-suit notice" means it holds no notice before filing. The source column shows the law and the date LeaseCraft read it on the official site (most recently 2026-09-27).

What the New York statute says

Ending a month-to-month tenancy: 30 calendar days

• New York City: RPL § 232-a — written notice served like a notice of petition 'at least thirty days before the expiration of the term', or the longer period required by RPL § 226-c(2) (30/60/90 days by occupancy).
• Outside NYC: RPL § 232-b — either party terminates by notifying the other 'at least one month before the expiration of the term'; § 226-c(2) 30/60/90-day notice also applies to any landlord non-renewal statewide.
• Where the Good Cause Eviction Law applies (NYC and opt-in localities), a landlord may not end the tenancy or refuse renewal without a § 216 good-cause ground.

Notice by length of occupancy: Under 12 months: 30 days; 12 to under 24 months: 60 days; 24 months or more: 90 days

• Applies when a landlord intends not to renew or to raise rent by five percent or more (RPL § 226-c(1)(a)); 30 days if the tenant has occupied less than one year and has no lease term of at least one year; 60 days if occupied more than one year but less than two years (or a lease term of at least one but less than two years); 90 days if occupied more than two years or a lease term of at least two years.
• If the landlord fails to give timely notice, the tenancy continues on the existing terms from the date actual written notice is given until the notice period expires (§ 226-c(1)(b)).
• The notice must append the RPL § 231-c Good Cause notice.

Tenant staying after the lease ends: Lease controls

• A holdover proceeding lies when the tenant 'continues in possession of any portion of the premises after the expiration of his term, without the permission of the landlord' (RPAPL § 711(1)); no separate holdover notice period, but the landlord's intent not to renew must have been given under RPL § 226-c (30/60/90 days) or the tenancy continues.

Delivery, form and other New York rules

Statewide just-cause rule

Yes: a statewide law requires a stated legal reason to end some tenancies

• Covered housing: RPL Article 6-A (Good Cause Eviction Law, enacted April 20, 2024, repealed June 15, 2034) applies to the City of New York (§ 212) and to any village, town or city that adopts it by local law (§ 213); a landlord may remove a tenant or refuse renewal only on a § 216 ground (nonpayment not caused by an unreasonable rent increase, substantial lease violation after 10-day notice to cure, nuisance/damage, illegal occupancy or use, owner's personal use as principal residence, demolition, withdrawal from market, refusal of reasonable lease changes, refusal of access).
• Exemptions (§ 214): small landlords (no more than ten units statewide, or a lower number set by local law), owner-occupied buildings of no more than ten units, rent-regulated or income-restricted units, condos/co-ops, buildings with a certificate of occupancy on or after Jan 1, 2009 for 30 years, seasonal units, institutional/care housing, manufactured-home parks, hotels/transient, dormitories, sublets, employment housing, and units renting above 245% of fair market rent.
• Statewide: RPL § 231-c requires every landlord (as defined in § 211) to append a Good Cause notice stating coverage or exemption to leases, renewals, § 226-c notices, 14-day rent demands and petitions.

RPL §§ 211, 212, 213, 214, 216, 231-c (L.2024 c.56 Part HH) · read 2026-09-27

How the notice may be delivered

The 14-day rent demand (and NYC month-to-month termination notice under RPL § 232-a) is served as a notice of petition under RPAPL § 735: personal delivery; or delivery to a person of suitable age and discretion residing or employed at the premises plus mailing by registered/certified and first-class mail within one day; or, after reasonable application, affixing to a conspicuous part of the property or placing under the entrance door plus the same mailings.

• Proof of service is filed within three days; service by substituted or conspicuous-place delivery is complete upon filing proof (RPAPL § 735(2)).

RPAPL § 735; RPAPL § 711(2); RPL § 232-a · read 2026-09-27

City and county rules

New York City is automatically covered by the Good Cause Eviction Law (RPL § 212) and has rent stabilization; other villages, towns and cities may opt in under RPL § 213 and may lower the small-landlord threshold by local law (§ 211).

RPL §§ 211, 212, 213 · read 2026-09-27

Preparing the notice

The form asks for the tenancy, the date the tenant must leave and how the notice is delivered, and states the notice period plainly. You enter the period; where LeaseCraft has verified the New York period for ending a month-to-month tenancy, it refuses a shorter one.

Create a New York notice to vacate

A notice is not a court order and does not by itself remove a tenant. Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.

Notice to Vacate rules in nearby states

Notice to Vacate rules for every state