New York Month-to-Month Lease Agreement

Month-To-Month Leases in New York

Getting a New York month-to-month lease agreement makes sense to many renters wanting to secure a place in the big city of New York. These leases give both parties more flexibility.

The lease will continue without needing renewal, and if either party needs to terminate it, they simply provide the required notice. However, along with this convenience also comes some uncertainty regarding the legal aspects of these agreements in New York.

Legal Aspects

Lease Termination & Renewal

• As with other month-to-month lease agreements, you don’t have to renew your agreement as it automatically continues. The agreement will only end when either party gives the required notice to terminate the lease.

• In New York, the minimum required notice period to terminate a lease agreement is 30 days. Your lease agreement might stipulate a longer notice period, but it cannot be shorter. If your landlord gives notices, they must also state why they’re terminating the agreement and inform tenants that eviction proceedings will start if they don’t vacate the property by the date listed.

Rent Increases

• Landlords are allowed to increase the rent in New York annually. For rent-stabilized apartments in the state, there are laws that limit how much rent may be increased. Landlords can raise the rent by 2.75% for leases up to a year and 3.20% for agreements up to two years. 

• For month-to-month leases, the landlord can make this change at any time as long as it’s only done once annually. The landlord must also give the tenant 60 days’ notice before increasing the rent.

• It should be noted that free-market rentals don’t have a cap on the maximum increase. The only requirement is that the landlord provides proper notice.

Security Deposit

• Security deposits in New York follow the same general guidelines as many other states regarding the maximum security deposit landlords may ask. Landlords may charge a security deposit up to and not exceeding one month’s rent. 

• Ensure you keep your canceled check, a carbon copy of the money order, or a receipt from your landlord as proof that you paid the deposit. Security deposits in New York must also be returned, less any damages, within 14 days after the tenant moves out.

Tenant Rights

Tenants have a number of rights in New York that should be reflected in the lease agreement. Here are a few things the landlord must provide:

• Good plumbing conditions
• Safe electrical outlets
• Protects against bugs and other pests
• Secure windows and doors
• Cold and hot water

Required Disclosures

The state of New York requires that the following disclosures appear on the month-to-month lease:

• Lead-based paint disclosure
• Location/Bank account where the security deposit is stored
• Information and contact details of all authorized parties