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Free New York Notice
to Vacate Template

Last reviewed July 2026

Written by LawLease Editorial

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New York Notice to Vacate

Ending a month-to-month tenancy in New York takes written notice from whichever side is leaving. The period is set by statute. Here’s what New York’s says.

New York rules at a glance

New York rules for a Notice to Vacate
Landlord, tenant in possession under 1 year30 days. 30 days’ written notice.RPL §226-c
Landlord, tenant in possession 1–2 years60 days. 60 days’ written notice.RPL §226-c
Landlord, tenant in possession 2+ years90 days. 90 days’ written notice. If notice is late, the tenancy continues until the notice period runs.RPL §226-c

Rent, late fees & rent increases

  • Late fees — A late fee can’t be charged until rent is more than 5 days late, and it can’t exceed $50 or 5% of the monthly rent, whichever is less. Any clause charging more, or charging sooner, is void (RPL §238-a).
  • Application fee — Capped at $20 (the actual cost of a background/credit check), and waived entirely if the applicant supplies their own recent report (RPL §238-a(1)).
  • Increase & non-renewal notice — To raise rent 5% or more, or not renew, the landlord must give 30 days’ notice (tenant under 1 year), 60 days (1–2 years), or 90 days (2+ years). Miss the deadline and the tenancy continues until the notice runs (RPL §226-c).
  • Good Cause Eviction — In NYC and localities that have opted in, increases above 10% (or 5% + CPI, whichever is lower) are presumptively unreasonable and the landlord must show a “good cause” to evict (RPL Article 6-A).

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