Month-to-Month Leases

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Commonly Asked Questions about Month-to-Month Leases

How do you evict a month-to-month tenant in New York?

Month-to-Month Tenancy (30-Day Notice): Either the landlord or tenant can terminate a month-to-month lease agreement by serving the other party with this notice. It must be served at least thirty (30) days before the agreement is intended to end.

How do you terminate a month-to-month tenancy in NY?

A month-to-month tenancy may be terminated by either party. If the landlord plans to terminate, they must give notice on the same timeline as terminating non-regulated leases (as described on the previous page). Outside of New York City, the tenant must give one months notice to terminate the tenancy.

Do you have to give a 30 day notice on a month-to-month lease in NYC?

This is called a month-to-month tenancy. In order to end a month-to-month tenancy, either you or your landlord must give at least one months notice before the end of the month. For a month-to-month tenancy, the landlord does not have to give you a reason for terminating.

What is the law for month-to-month tenants in New York state?

There is often no lease in a month-to-month tenancy, which may be ended by the landlord or the tenant. However, notice must be given at least one month before your next rent payment is due. Public housing authority leases have their own regulations and specific lease conditions.

How long does it take to evict a month-to-month tenant in NY?

New York Eviction Process Timeline Notice Received by TenantsAverage Timeline Initial Notice Period 14-90 days Issuance and Posting of Summons and Complaint AND Court Hearing and Ruling on the Eviction 10-17 days Posting of Writ of Execution A few hours to a few days Return of Possession 10 days to 1 year1 more row Aug 8, 2024

Can a landlord evict you without going to court in NY?

In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

What are the advantages and disadvantages of a month-to-month lease?

As with any lease, there are pros and cons you should understand before you sign. What youll learn: Pros: Flexible End-Dates. Cons: Short Notice to End the Lease and Fluctuating Rent Prices.