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New York Notice to Vacate

Quick answer: a New York notice to vacate for a month-to-month tenancy takes 30 days under N.Y. Real Prop. Law 232-b (one month's notice, outside New York City; inside the city, the lease and local practice control) from the tenant and 30 days under N.Y. Real Prop. Law 226-c (60 days after one year of occupancy and 90 days after two years) from the landlord. Under a fixed-term lease, follow the notice window the lease sets. The sections below cover the dates, the contents, and the delivery.

A notice to vacate is the written move-out notice of a New York tenancy: a tenant announcing a departure date, or a landlord ending the arrangement without fault. In New York, that generally means 30 days' written notice from the landlord (N.Y. Real Prop. Law 226-c) and 30 days' written notice from the tenant (N.Y. Real Prop. Law 232-b).

This template adapts to whoever is giving notice: fill in the parties, the property, and the move-out date, and download a New York notice ready to serve, in Word and PDF.

Create your New York notice to vacateRead the full Notice to Vacate guide

New York move-out notice periods

New York month-to-month termination notice at a glance
Who is ending the tenancyMinimum written noticeStatute
Landlord ending the tenancy (no fault)30 days (60 days after one year of occupancy and 90 days after two years)N.Y. Real Prop. Law 226-c
Tenant ending the tenancy30 days (one month's notice, outside New York City; inside the city, the lease and local practice control)N.Y. Real Prop. Law 232-b

Verify before you rely on it

Landlord-tenant statutes change, and local ordinances can require longer notice or a just cause on the landlord's side. Confirm the current New York requirement in the statute cited above (or with your local court's self-help resources) before serving the notice, and follow the lease's notice clause when it asks for more.

Notice to vacate requirements in New York

On the tenant's side, the New York rule for a month-to-month tenancy is 30 days' written notice (N.Y. Real Prop. Law 232-b). Note that one month's notice, outside New York City; inside the city, the lease and local practice control. Tenants on a fixed-term lease should look at the lease first: many require written notice of non-renewal a set number of days before the end date, and the notice to vacate is exactly that document.

When the landlord is the sender, New York requires 30 days' written notice for a no-fault end of a month-to-month tenancy (N.Y. Real Prop. Law 226-c). Note: 60 days after one year of occupancy and 90 days after two years. If the real problem is unpaid rent or a lease violation, this is the wrong document: those situations call for the statutory eviction notices with their own periods.

Get the date arithmetic right before anything else. The period runs from delivery, and several statutes require the tenancy to end on the last day of a rental period, which can push the effective date past a naive day count. In New York, serving just before the rent due date and naming the end of the next full rental period is the construction that survives scrutiny.

The document itself is short and factual: the date, the names of the parties, the full property address including the unit, a clear statement that the tenancy ends on a named date, and the sender's signature. A tenant should add a forwarding address for the security deposit accounting, which in New York is due within 14 days after move-out (N.Y. Gen. Oblig. Law 7-108). Nothing in the notice needs to explain why; a no-fault notice works without reasons.

Serve the notice the way the lease requires and keep evidence: certified mail with return receipt, or hand delivery acknowledged in writing with a date. The classic move-out dispute is not about the words of the notice but about whether and when it arrived, and the party with the delivery receipt wins that argument.

A notice to vacate is not an eviction filing. If a tenant sends one and then stays, the landlord's remedy is an eviction case, and the notice becomes the exhibit that proves the tenancy ended. If a landlord sends one and the tenant leaves on time, no court is ever involved: the notice, the move-out inspection, and the deposit accounting close the tenancy cleanly.

Step by step: preparing your New York notice to vacate

The sequence below works for either side of a New York tenancy: confirm the period, name the right date, deliver with proof, and close out the tenancy.

  1. Read the lease before the statute. Check the lease for a notice clause: a required period, a delivery method, an address for notices. A fixed-term lease may require non-renewal notice within a set window; a month-to-month arrangement falls back on the statutory period when the lease is silent.
  2. Confirm the notice period. For a month-to-month tenancy in New York, that means 30 days (N.Y. Real Prop. Law 232-b) for a tenant and 30 days for a landlord. When the lease requires more than the statute, follow the lease; when in doubt, give more time rather than less.
  3. Pick the move-out date deliberately. Count the full period from the delivery date, and check whether the notice must align with the rental period. Serving before the rent due date and naming the last day of a full rental period is the safe pattern in most states.
  4. Write the notice. Date, parties, full property address, the statement that the tenancy ends on the named date, and a signature. Tenants add a forwarding address for the deposit accounting; landlords keep the tone strictly no-fault.
  5. Deliver it with proof. Use the method the lease names, or certified mail with return receipt, or hand delivery with a signed acknowledgment. Keep a copy of the notice and the receipt together; they are the record a New York court would ask for.
  6. Close out the tenancy. Schedule the move-out inspection, return the keys, and read the meters. In New York, the deposit accounting is due within 14 days after the tenancy ends (N.Y. Gen. Oblig. Law 7-108), so both sides should calendar that deadline.

How this template works in New York

Tell the form who is giving notice, fill in the parties, the property, and the move-out date, and the notice writes itself in front of you. Compute the date from the New York periods in the table above, then download the finished notice in Word and PDF and deliver it with proof.

The form, the live preview, and the full guide live on the main Notice to Vacate page.

New York notice to vacate FAQ

How much notice do I need to give on a notice to vacate in New York?

For a month-to-month tenancy, a New York tenant must give 30 days under N.Y. Real Prop. Law 232-b (one month's notice, outside New York City; inside the city, the lease and local practice control), and a landlord ending the tenancy without fault must give 30 days under N.Y. Real Prop. Law 226-c (60 days after one year of occupancy and 90 days after two years). A lease can require more notice than the statute; follow the longer period.

Is a notice to vacate the same as an eviction notice in New York?

No. A notice to vacate is a no-fault move-out notice from either side of the tenancy. An eviction notice (pay or quit, cure or quit) alleges a problem and starts the path to court. A landlord who needs a tenant out for unpaid rent or a lease violation must use the statutory eviction notice with its own New York period, not this letter.

Can I send a notice to vacate before my lease ends in New York?

Yes, and for many fixed-term leases you must: check the lease for a non-renewal window, often 30 or 60 days before the end date. A notice to vacate does not shorten the term by itself; leaving before the end date without a legal ground or the landlord's agreement generally keeps the tenant liable for rent under the lease.

What happens to the security deposit after I move out in New York?

New York requires the deposit back (or an itemized statement of deductions) within 14 days after move-out (N.Y. Gen. Oblig. Law 7-108). Put a forwarding address in the notice to vacate so the accounting and the refund can reach you.

Notice to Vacate in other states