Month-to-Month Tenants in NY
Tenants who do not have leases and pay rent on a monthly basis are called month-to-month tenants. In apartments that are not rent regulated, tenants who stay past the end of a lease are month-to-month tenants if the landlord accepts their rent. (Real Property Law §232-c)
In New York City, the landlord must serve the tenant with a written termination giving 30 days notice which must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. This notice must be served according to the provisions of RPAPL § 735. For example, if the rent is due on the first of each month, the landlord must serve notice by August 1st that he wants the tenant to move out by August 31st. (Real Property Law §232-a)
A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's oral or written notice. For example, if the rent is due on the first of each month, the landlord must inform the tenant by July 31st that he wants the tenant to move out by August 31st. (Real Property Law §232-b)
This notice does not automatically allow the landlord to evict the tenant; the landlord must still begin eviction proceedings in court (see: http://www.tenant.net/Court/Howcourt/index.html ).
A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. However, if the tenant does not consent, the landlord can terminate the tenancy by giving notice as required.
Search the TenantNet Forum or Housing Court Decisions for 232-a, 232-b, or 232-c for many court decisions and previous forum discussions concerning this issue
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REAL PROPERTY LAW
§ 232-a. Notice to terminate monthly tenancy or tenancy
from month to month in the city of New York.
No monthly tenant, or tenant from month to month, shall hereafter
be removed from any lands or buildings in the city of New York on
the grounds of holding over his term unless at least thirty days
before the expiration of the term the landlord or his agent serve
upon the tenant, in the same manner in which a notice of petition
in summary proceedings is now allowed to be served by law, a
notice in writing to the effect that the landlord elects to
terminate the tenancy and that unless the tenant removes from
such premises on the day on which his term expires the landlord
will commence summary proceedings under the statute to remove
such tenant therefrom.
§ 232-b. Notification to terminate monthly tenancy or
tenancy from month to month outside the city of
New York.
A monthly tenancy or tenancy from month to month of any lands or
buildings located outside of the city of New York may be
terminated by the landlord or the tenant upon his notifying the
other at least one month before the expiration of the term of his
election to terminate; provided, however, that no notification
shall be necessary to terminate a tenancy for a definite term.
§ 232-c. Holding over by a tenant after expiration of a
term longer than one month; effect of acceptance
of rent.
Where a tenant whose term is longer than one month holds over
after the expiration of such term, such holding over shall not
give to the landlord the option to hold the tenant for a new term
solely by virtue of the tenant's holding over. In the case of
such a holding over by the tenant, the landlord may proceed, in
any manner permitted by law, to remove the tenant, or, if the
landlord shall accept rent for any period subsequent to the
expiration of such term, then, unless an agreement either express
or implied is made providing otherwise, the tenancy created by
the acceptance of such rent shall be a tenancy from month to
month commencing on the first day after the expiration of such
term.