How Much Notice Must a Landlord Give a Tenant in NY?

In New York, a landlord must give a tenant between 30 and 90 days’ written notice before ending a tenancy or raising rent by 5% or more, with the exact window depending on how long the tenant has lived in the unit. For unpaid rent, the required notice drops to 14 days. For other lease violations, the tenant gets at least 10 days to fix the problem. Rent-stabilized apartments follow their own rules, and a 2024 law added new protections for many market-rate units.

The 30, 60, or 90-Day Rule for Non-Renewal and Rent Hikes

Real Property Law § 226-c sets the core timeline. A landlord who plans to end a residential tenancy or raise rent by 5% or more must give advance written notice based on how long the tenant has occupied the apartment or the length of the lease term, whichever is longer:¹

Less than one year: at least 30 days’ notice.
One to two years: at least 60 days’ notice.
Two years or more: at least 90 days’ notice.

The 5% trigger catches many tenants by surprise. A jump from $2,000 to $2,100 is a 5% increase and requires the same advance notice as ending the tenancy outright.¹

Late notice does not shorten the clock. If your landlord sends a 30-day notice when 90 days were required, the tenancy continues on existing terms until 90 days from the date proper notice was actually given. Month-to-month tenants in New York City are covered by the same 30/60/90 structure through RPL § 232-a.²

Good Cause Eviction Adds a Reason Requirement

Since April 20, 2024, the Good Cause Eviction law bars landlords of many market-rate apartments from simply declining to renew a lease without a legitimate reason. It covers unregulated apartments in New York City, Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, Newburgh, and several other municipalities, with exemptions for small landlords, owner-occupied small buildings, rent-regulated units, newer construction, condos, co-ops, and a few other categories.³⁴

Since August 18, 2024, any lease, renewal offer, or legal notice from a landlord covered by the law must include a written disclosure stating whether the unit is covered and, if not, why it is exempt. A non-renewal notice or rent demand missing this disclosure may fail to meet legal requirements.¹

14 Days for Unpaid Rent

A landlord cannot skip straight to court over missed rent. The landlord must first serve a written rent demand giving the tenant at least 14 days to pay the full overdue amount or vacate. The demand must list the specific months and amounts owed.⁵⁶

Before delivering that 14-day demand, the landlord must also send a written notice by certified mail once rent is at least five days overdue. If the tenant pays the full amount within the 14-day window, the landlord cannot proceed with eviction. Only after the 14 days expire without payment can a nonpayment case be filed.⁶

10 Days to Cure Other Lease Violations

When a tenant breaks a lease term other than by failing to pay rent, the landlord must serve a written notice describing the violation and giving at least 10 days to fix it. This is called a notice to cure.⁷ Typical examples are unauthorized occupants, a pet in a no-pet building, or excessive noise.

If the tenant fixes the problem within 10 days, the landlord cannot evict on that basis. If not, the landlord may file a holdover case. The violation must involve a substantial lease obligation; trivial or pretextual complaints will not support eviction, particularly in units covered by Good Cause.

Rent-Stabilized Apartments: 90 to 150 Days

Rent-stabilized tenants in New York City have a separate framework. The landlord must offer a renewal lease on the official DHCR Renewal Lease Form (RTP-8) between 90 and 150 days before the current lease expires. The tenant then has 60 days to accept or reject the offer.⁸

If the landlord has a legally recognized reason not to renew, such as owner occupancy, that non-renewal notice must also arrive within the 90-to-150-day window. Missing the window entitles the tenant to a renewal lease. Rent-stabilized tenants are exempt from Good Cause because their rents and evictions are already regulated.

How the Notice Must Be Delivered

An oral conversation, text message, or email is not valid notice under New York law unless the lease specifically allows electronic delivery. Termination notices and rent demands must be served in the same manner as a notice of petition in a summary proceeding, meaning one of three methods:²⁹

Personal delivery: handing the notice directly to the tenant.
Substituted delivery: leaving the notice with someone of suitable age and judgment who lives or works at the property, then mailing a copy by the next business day.
Conspicuous-place delivery: posting the notice on the apartment door or sliding it under the entrance, then mailing a copy by the next business day.

The notice must clearly state the landlord’s intention (non-renewal, rent increase, or demand for unpaid rent), the date by which the tenant must respond or vacate, and the Good Cause Eviction disclosure where required. A vague or incomplete notice can be challenged in court and may delay or defeat the landlord’s case.

Retaliatory Notices Are Presumed Illegal for One Year

New York law bars landlords from using a termination notice, eviction filing, or significant change to lease terms as punishment for a tenant exercising legal rights. Protected activities include filing a good-faith complaint about health or safety violations with a government agency, taking action to enforce lease rights or the warranty of habitability, and participating in a tenants’ organization.¹⁰

If a landlord serves a termination notice, starts an eviction, or substantially changes lease terms within one year of any of those protected activities, courts presume the landlord is retaliating. The burden then shifts to the landlord to prove a legitimate, non-retaliatory reason.¹⁰

What Happens When the Notice Period Ends

The expiration of a notice does not mean the tenant has to leave that day, and it does not authorize the landlord to change locks, remove belongings, or shut off utilities. Those self-help tactics are illegal in New York. Each violation is a Class A misdemeanor and carries civil penalties from $1,000 to $10,000 per incident, plus up to $100 per day if the landlord fails to restore the tenant after an illegal lockout.¹¹

The only lawful path is a summary proceeding filed with the court.¹² The tenant has the right to stay in the apartment throughout the court process and to appear before a judge. Physical removal requires a judgment of possession and a warrant executed by a city marshal or county sheriff.¹³ While the case is pending, the court can order the tenant to pay use and occupation, typically matching the prior rent.¹⁴

Active-Duty Military Tenants Get Extra Protection

The federal Servicemembers Civil Relief Act adds a layer for active-duty servicemembers and their dependents. A landlord cannot evict a servicemember without a court order if the unit is the servicemember’s primary residence and the monthly rent is $10,239.63 or less as of 2025, a threshold adjusted annually for housing cost inflation.¹⁵

If military service materially affects the servicemember’s ability to pay rent, the court must grant a stay of at least 90 days on request and may adjust the lease terms. A landlord who knowingly violates these protections faces federal criminal penalties, including fines and up to one year of imprisonment.¹⁵

1
New York State Senate. New York Real Property Law 226-C – Notice of Rent Increase or Non-Renewal of Residential Tenancy
2
New York State Senate. New York Real Property Law 232-A – Notice to Terminate Monthly Tenancy in the City of New York
3
New York Attorney General. New York State Good Cause Eviction Law
4
NYC Department of Housing Preservation and Development. Good Cause Eviction
5
New York State Senate. New York Real Property Actions and Proceedings Code 711 – Grounds Where Landlord-Tenant Relationship Exists
6
New York State Unified Court System. Tenant Questions and Answers in Nonpayment Eviction Cases
7
New York State Senate. New York Real Property Law 231-C – Good Cause Eviction Law Notice
8
New York State Division of Housing and Community Renewal. Fact Sheet – Lease Renewal in Rent Stabilized Apartments
9
New York State Unified Court System. Service of the Notice of Petition and Petition to Start a Nonpayment or Holdover Proceeding
10
New York State Senate. New York Real Property Law 223-B – Retaliation by Landlord Against Tenant
11
New York State Senate. New York Real Property Actions and Proceedings Law 768
12
Justia. New York Real Property Actions and Proceedings Law Article 7 – Summary Proceeding to Recover Possession of Real Property
13
New York State Unified Court System. Eviction – NY Housing Court
14
New York State Unified Court System. Tenant’s Guide – Holdover Eviction Case
15
Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress