New York Statewide Rule
New York Lease Termination and Non-Renewal Notice
Key Facts
- Statute
- RPL Section 226-c (HSTPA 2019)
- Under 1 year
- 30 days notice
- 1 to 2 years
- 60 days notice
- Over 2 years
- 90 days notice
- Measured by
- Cumulative occupancy or lease length, whichever is longer
Summary
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.
2. (a) For the purposes of this section, the required notice shall be 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. (b) If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days' notice. (c) If the tenant has occupied the unit for more than one year but less than two years, or has a lease term of at least one year but less than two years, the landlord shall provide at least sixty days' notice. (d) If the tenant has occupied the unit for more than two years or has a lease term of at least two years, the landlord shall provide at least ninety days' notice.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How much notice must a New York landlord give to not renew a lease?
Can a month-to-month tenancy be ended on short notice in New York?
Does the notice period count total time lived in the unit or just the current lease?
Sources
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