New York Notice to Vacate: Notice Periods and Rules

In New York, tenants give at least 30 days written notice to end a month-to-month tenancy, and landlords give at least 30 days. For unpaid rent, the notice period is 14 days (written rent demand). The details, exceptions and statute citations are below.

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New York notice periods at a glance

Tenant ending a month-to-month tenancy30 days
N.Y. Real Prop. Law § 232-b (outside New York City: at least one month before the end of the rental period)
Landlord ending a month-to-month tenancy30 days
N.Y. Real Prop. Law § 226-c(2) (applied to NYC month-to-month tenancies by § 232-a)
Longer tenancies and special casesUnder RPL § 226-c the landlord must give 30 days if the tenant has lived there (or had a lease) for under 1 year, 60 days for 1-2 years, and 90 days for 2 years or more. The same periods apply to not renewing a lease and to rent increases of 5% or more. If the notice is late, the tenancy continues on the same terms until the full notice period has run.
Notice for unpaid rent14 days (written rent demand)
N.Y. Real Prop. Actions & Proc. Law § 711(2)
End of a fixed-term leaseNo notice is needed to end a lease for a definite term (RPL § 232-b), but the landlord must still give the 30/60/90-day non-renewal notice under RPL § 226-c, or the tenancy continues until that notice period ends.
How notice can be deliveredThe 14-day rent demand, and in NYC the landlord's termination notice, must be served like court papers under RPAPL § 735: personal delivery, delivery to a suitable person at the unit, or affixing it to or sliding it under the door. Substituted and conspicuous-place service must be followed by mailing by both certified (or registered) mail and regular first-class mail. Outside NYC, RPL § 226-c only requires written notice.

The landlord must also send a certified-mail notice if rent is not received within 5 days of the due date (RPL § 235-e(d)). In NYC and in Good Cause localities, the 14-day demand must include Good Cause disclosures. Rent-stabilized and rent-controlled units follow separate rules, and a landlord cannot end those tenancies just by giving notice.

What a New York notice to vacate should include

  • The names of every tenant on the lease and the full address, including unit number
  • The date you are giving the notice and the date the tenancy ends
  • A move-out date that gives at least the minimum notice above, counted from the day the notice is delivered
  • For unpaid rent: the exact amount owed and how to pay it
  • Your name, signature and contact details
  • A record of how and when you delivered it (keep a copy)

Many month-to-month notices must also end on the last day of a rental period, so if rent is due on the 1st, the safest move-out date is the end of a month. Giving more notice than the minimum is fine; giving less usually makes the notice invalid.

New York notice to vacate FAQ

How much notice does a tenant have to give in New York?

For a month-to-month tenancy, at least 30 days in writing (N.Y. Real Prop. Law § 232-b (outside New York City: at least one month before the end of the rental period)). If you have a fixed-term lease, check the lease: it may require notice before the end date or renew automatically.

How much notice does a landlord have to give in New York?

To end a month-to-month tenancy without a specific reason, at least 30 days (N.Y. Real Prop. Law § 226-c(2) (applied to NYC month-to-month tenancies by § 232-a)). Under RPL § 226-c the landlord must give 30 days if the tenant has lived there (or had a lease) for under 1 year, 60 days for 1-2 years, and 90 days for 2 years or more. The same periods apply to not renewing a lease and to rent increases of 5% or more. If the notice is late, the tenancy continues on the same terms until the full notice period has run.

What is the notice period for unpaid rent in New York?

The tenant gets 14 days (written rent demand) to pay or move out (N.Y. Real Prop. Actions & Proc. Law § 711(2)). If the tenant does neither, the landlord can file an eviction case; only a court can order the tenant out.

How do you deliver a notice to vacate in New York?

The 14-day rent demand, and in NYC the landlord's termination notice, must be served like court papers under RPAPL § 735: personal delivery, delivery to a suitable person at the unit, or affixing it to or sliding it under the door. Substituted and conspicuous-place service must be followed by mailing by both certified (or registered) mail and regular first-class mail. Outside NYC, RPL § 226-c only requires written notice.

Do I need to give notice at the end of a fixed-term lease in New York?

No notice is needed to end a lease for a definite term (RPL § 232-b), but the landlord must still give the 30/60/90-day non-renewal notice under RPL § 226-c, or the tenancy continues until that notice period ends.

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Sources

Checked October 2026. Laws change, and cities can add their own rules. This page is general information, not legal advice.

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