What Is the Law on a Month-to-Month Lease in New York State?

A month-to-month lease in New York is governed by sections of New York Real Property Law Statute 232 that outlines the rights and obligations of renters and landlords, states RentLaw.com. Except in areas with some form of rent control, it’s easy for tenants and landlords to end tenancy, according to Nolo.

Tenants in New York may not violate terms of a rental agreement, such as by bringing in an unauthorized tenant, or violate the law in any way, explains Nolo. Landlords aren’t required to give a reason to end a month-to-month lease, but they can’t retaliate or discriminate against tenants, and they must provide one month’s written notice. Tenants who don’t follow the terms of their lease or who fail to pay rent may lose the right to be given a month’s notice.

In New York, tenants who stay past the end of a lease or don’t have a lease are considered to be month-to-month if the landlord accepts rent payments, notes RentLaw.com. Landlords can raise the rent if the tenants consent, and if they don’t, then landlords can end the tenancy by giving at least one month’s notice. In New York City tenants must be given 30 days’ written notice that the landlord chooses to end the tenancy, and refusal may result in eviction.