The termination of month-to-month tenancy

On Behalf of | Mar 24, 2021 | Landlord/Tenant Matters

Whether you currently live in an apartment and are not covered by a rental agreement or you have a tenant who pays rent on a month-to-month basis, it is paramount to understand your rights and responsibilities when it comes to the termination of tenancy.

When a valid rental contract is not in place, there are unique factors that landlords and tenants need to take into consideration when it comes to ending a tenancy.

What is month-to-month tenancy?

The New York State Attorney General’s website covers various topics related to the rights of residential tenants. In New York, tenants who rent on a monthly basis without a lease are month-to-month tenants. Moreover, those who continue to rent after the expiration of a lease (without signing another agreement) are also considered month-to-month tenants.

Landlords are not required to provide tenants with a reason for terminating the tenancy and they also have the ability to raise rent with a tenant’s consent. If you are a tenant and you refuse to accept the rent increase, your landlord can end the tenancy.

How long does each party have to terminate tenancy?

In New York, landlords and tenants can terminate month-to-month tenancy. However, tenants outside of New York City must notify their landlords one month in advance and landlords have to notify tenants in accordance with the timeline laid out for non-regulated leases (30 to 90 days, depending on the circumstances).

If you want a tenant to move out or you want to end your month-to-month tenancy, make sure you understand the steps you need to take.