NY · M2M-LEASE · Updated July 2026 · Free
New York Month-to-Month Rental Agreement
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New York at a glance: Notice to Terminate: 30 days' written notice · Deposit Return Timeline: 14 calendar days · Security Deposit Cap: 1 month's rent
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Overview
Month-to-Month Rental Agreements in New York
New York month-to-month leases are governed by the Real Property Law. Outside New York City, either party can terminate a monthly lease with 30 days' notice (RPL § 232-b). Inside New York City, landlords must provide 30 days' formal notice (RPL § 232-a).
Additionally, New York caps security deposits at one month's rent (GOL § 7-108) and requires landlords to return deposits within 14 days of the tenant vacating.
Key Facts
New York Month-to-Month Rental Agreement — Quick Reference
| Requirement | New York Rule |
|---|---|
| Notice to Terminate | 30 days' written notice |
| Deposit Return Timeline | 14 calendar days |
| Security Deposit Cap | 1 month's rent |
| Governing Law | N.Y. Real Prop. Law § 232-b |
Legal Requirements
New York Legal Requirements
- Notice inside NYC must be served via formal process service; outside NYC, standard written notice suffices.
- Deposit return must include an itemized breakdown of deductions if any money is withheld.
Governing Laws
New York Governing Laws
N.Y. Real Prop. Law § 232-b
Notification outside NYC
Requires a minimum of one month's notice to terminate monthly tenancies outside NYC.
N.Y. Gen. Oblig. Law § 7-108
Under-One-Month Deposit Cap
Caps residential deposits at one month's rent and mandates the 14-day refund deadline.
Read the full text of these laws at Cornell Law School's New York legal resources or your state legislature's official website.
Questions & Answers
New York Month-to-Month Rental Agreement — Frequently Asked Questions
What is the penalty for late deposit return in New York?
If a landlord fails to return the deposit or provide an itemized list within 14 days, they forfeit all rights to retain any portion of the deposit.
Can a New York landlord raise the rent on a monthly tenant?
Yes, but under statewide rent laws, if the rent increase is 5% or more, the landlord must give 30, 60, or 90 days' notice depending on how long the tenant has lived there.