To end a tenancy or decline to renew, a New York landlord must give written notice scaled to how long the tenant has lived in the unit under Real Property Law Section 226-c: 30 days for under one year, 60 days for one to two years, and 90 days for more than two years.
RPL Section 226-c governs both non-renewal and termination notice for residential tenancies. A landlord who "does not intend to renew the tenancy" must give written notice 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 for occupancy under one year, 60 days for one to two years, and 90 days for more than two years. The same tiers apply when the landlord raises rent 5% or more. Until proper notice expires, "the occupant's lawful tenancy shall continue under the existing terms," so a landlord cannot shorten the timeline by lease language.
Defective or untimely notice leaves the tenancy in force on existing terms until proper notice runs; the landlord cannot terminate or refuse renewal until then.
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See how Gates's lease termination & notice to vacate rules stack up against other locations.
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