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What is a New York Month-to-Month Lease Agreement?

A New York month-to-month lease agreement is a short-term rental agreement between the landlord and tenant. A month-to-month tenancy is an incredibly flexible arrangement that can last as little as 30 days. If the tenancy benefits the parties, it can be indefinite.

A month-to-month rental agreement must comply with New York landlord-tenant law. It should also contain the same provisions as a fixed-term lease, including:

  • The amount of the monthly rent and the due date
  • The amount of the late fee
  • Rent increase
  • Security deposit information
  • Occupancy information
  • Whether subletting is allowed
  • Pet policy
  • Parking policy
  • The notice period for lease termination for the tenant to move out
  • How to deliver written notices to the other party
  • Eviction information

What Laws Apply to New York Month-to-Month Lease Agreements?

New York month-to-month lease agreements are governed by Article 7 of the Real Property Code, Landlord-Tenant laws. Under state law, the landlord may not charge more than one month’s rent as a security deposit except for rental property subject to the City Rent and Rehabilitation Law or the Emergency Housing Rent Control Law. The landlord has 14 days after the tenant moves out of the rental unit to return the security deposit. If the landlord plans to deduct anything from the deposit (such as non-payment of rent), they must provide the renter with advanced notice.

Landlords and property managers must understand that New York City has laws that govern month-to-month rental agreements and evictions for the real estate. Seek legal advice to ensure you understand both state law and federal law.

Terminating a New York Month-to-Month Lease Agreement

Under §232-B, the notice period for lease termination of a month-to-month lease agreement is 30 days (one month's notice) for locations outside of New York City. Whichever party wishing to submit the document must ensure it is a written notice.

Download a PDF or Word Template

New York Month to Month Lease Agreement

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