A New York month-to-month lease agreement is a flexible rental option that continues until either the landlord or tenant ends it with proper notice. Unlike fixed-term leases, there’s no set end date—making it ideal for short-term living or uncertain timelines. While the structure is simple, it still offers the same core protections and responsibilities for both parties.
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Required Landlord Disclosures (7)
New York state law requires landlords to disclose certain information to tenants about the unit, whether a month-to-month or fixed-term lease. These disclosures include:
- Lead paint: Per federal law, landlords who manage units built prior to 1978 must disclose the presence or knowledge of any lead-based paint or lead-based paint hazards.
- Bed bugs: New York City requires landlords to inform tenants regarding the building’s history of bed bugs during the previous calendar year (New York City Administrative Code § 27-2018.1).
- Sprinklers: New York landlords must inform tenants if a sprinkler system exists in the unit and, if so, when it was last inspected and maintained (NY RPP § 231-A).
- Security deposit receipt: When collecting a security deposit, landlords in New York must provide a collection receipt, including the amount and the name and address of the bank holding the funds (NY GOB Code § 7-103(2)).
- Reasonable modifications and adjustments: Landlords must provide tenants with a disclosure explaining their right to request reasonable modifications to the unit in cases of disability within 30 days of move-in (NY EXC Code § 170-d).
- Rent stabilization: Property owners must inform tenants whether the unit they’re renting is subject to rent control or stabilization laws (New York City Administrative Code § 26-512).
- Certification of occupancy: For buildings with fewer than three units, landlords must notify the tenants that the unit is up to code and is fit for legal occupation (NY RPP Code § 235-bb).
Required Notice to Terminate Month-to-Month Agreement
Since a New York month-to-month lease agreement doesn’t have a specific end date, each state establishes the proper way to terminate this kind of lease.
Required notice for landlord: Outside New York City, landlords must give at least one month’s notice of the intent to terminate. Within New York City, landlords must provide at least 30 days’ notice.
Required notice for tenant: The same is true for tenants who wish to terminate a month-to-month lease. Within New York City, 30 days’ notice is required, and one month’s notice for outside the city (NY RPP Code § 232-B).
Rent Increase Laws
While no set rent control laws exist for the entire state, many local governments and counties, including New York City, have passed them. The rules in New York can be a little complicated, so it’s a wise idea to check with your local government before enacting any increase.
For instance, New York landlords can only increase the rent by 2.75% for a lease that begins on or after October 1, 2024, and on or before September 30, 2025.
Advance notice must also be provided to the tenant when the landlord intends to raise the rent. If the landlord intends to raise the rent by 5% or more, they must provide the following notice:
- For tenants of 1 year or less: 30 days
- For tenants of more than 1 year but less than 2: 60 days
- For tenants of more than 2 years: 90 days
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