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New York · Moving out

New York notice to vacate — the 1 month rule and a free letter

New York splits its month-to-month rules by geography. Outside New York City, N.Y. Real Property Law § 232-b says a tenant terminates by notifying the landlord at least one month before the expiration of the monthly term — so a notice given in June ends the tenancy July 31, not mid-month. Curiously, § 232-b doesn’t say the tenant’s notice must be written; put it in writing anyway, because proving an oral notice is nearly impossible. Inside NYC there is no tenant-side statute — one month is the near-universal practice and your lease may set the term, so check it. The landlord side changed dramatically with the 2019 Housing Stability and Tenant Protection Act: RPL § 226-c makes landlords give 30, 60, or 90 days’ written notice (under 1 year, 1–2 years, 2+ years of occupancy) before non-renewal or a rent hike of 5% or more. After you leave, Gen. Oblig. Law § 7-108 requires the deposit back, with any itemized deductions, within 14 days — one of the fastest deadlines in the country.

1 monthtenant month-to-month notice · N.Y. Real Prop. Law § 232-b

Not legal advice — general information for New York. Last reviewed: July 2026.

Notice-period check

Your date clears the state minimum

August 7, 2026 gives 35 days' notice — at or above New York's 1 month minimum for month-to-month tenants (N.Y. Real Prop. Law § 232-b). If your lease requires more, the lease controls.

Most statutes count notice to the end of a rental period — if rent is due on the 1st, plan to move out on the last day of a month.

[Tenant name(s)]

[Rental address]

July 3, 2026

[Landlord / property manager name]

Landlord / Property Manager

RE: Notice of intent to vacate — [Rental address]

Dear [Landlord / property manager name],

Please accept this letter as my written notice of intent to vacate the rental unit at [Rental address]. My tenancy will end and I will deliver possession of the premises no later than August 7, 2026. This provides at least 1 month of written notice, as required for month-to-month tenancies in New York (N.Y. Real Prop. Law § 232-b).

I will remove all personal belongings, return all keys and access devices, and leave the unit in clean condition, normal wear and tear excepted. Please contact me to schedule a move-out inspection.

I will provide a forwarding address for the return of my security deposit before my move-out date.

This notice is delivered via certified mail with return receipt requested on July 3, 2026.

Sincerely,

[Tenant name(s)]
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New York notice rules

  • ✓Outside NYC, give at least one month’s notice before the monthly term expires (RPL § 232-b) — the tenancy ends on the last day of a rental month, not 30 days from whenever you send the letter.
  • ✓Inside NYC there is no tenant-side statute; one month’s written notice is standard practice and your lease may govern — read it before you pick a date.
  • ✓§ 232-b doesn’t require the tenant’s notice to be written, but courts and landlords fight over oral notices — send a signed letter by certified mail with return receipt.
  • ✓Count carefully: rent due the 1st means notice must reach the landlord by June 30 to move out July 31; a July 2 notice pushes you to August 31.
  • ✓Include your forwarding address — GOL § 7-108 gives the landlord 14 days after you vacate to return the deposit with an itemized statement, or they forfeit the right to keep any of it.
  • ✓You can request a pre-move-out inspection: § 7-108(1-a)(d) requires the landlord to offer one one to two weeks before you leave, with a chance to cure any issues found.

For landlords

Since the 2019 HSTPA, landlords owe written notice under RPL § 226-c before non-renewing or raising rent 5%+: 30 days if you’ve occupied under 1 year, 60 days for 1–2 years, 90 days past 2 years. Rent-stabilized and rent-controlled apartments (about a million NYC units) have separate renewal rights — a stabilized tenant generally cannot simply be non-renewed at all.

Worked example with real dates

Marcus rents month-to-month in Buffalo at $1,150 with rent due on the 1st, and wants to leave by July 31, 2026. Under RPL § 232-b his notice must reach the landlord at least one month before the term expires — by June 30. He mails a signed letter certified on June 22 naming July 31, with his new Rochester address for the deposit. Had he notified on July 6, the notice couldn’t cut short the July term: the earliest lawful end date would be August 31, a full extra month. After he hands back the keys July 31, GOL § 7-108 gives the landlord 14 days — until August 14 — to return the $1,150 deposit or an itemized statement with the balance; miss that window and the landlord forfeits the right to retain any of it. (Same building in Queens? § 232-b wouldn’t apply — NYC practice and his lease would set the one-month expectation.)

New York notice to vacate FAQ

Does the one-month notice rule apply inside New York City?

Not by statute. RPL § 232-b covers tenancies outside NYC only; § 232-a (inside NYC) governs the landlord’s notice, not yours. In practice NYC month-to-month tenants give one month’s written notice, and your lease can set the requirement — check it, and check whether your unit is rent-stabilized, which changes the whole framework.

Does my notice have to be in writing in New York?

Outside NYC, § 232-b speaks only of “notifying” the landlord — it doesn’t expressly demand writing for the tenant’s notice. Send a written, dated, signed letter by certified mail anyway: if a dispute reaches court, an oral notice becomes your word against the landlord’s, and your deposit and liability for another month’s rent can ride on the proof.

How much notice does my New York landlord owe me?

Under RPL § 226-c (added by the 2019 HSTPA), before non-renewing your tenancy or raising rent 5% or more, a landlord must give written notice of 30 days (occupancy under 1 year), 60 days (1–2 years), or 90 days (over 2 years). If they don’t, your tenancy continues until the required notice period runs from when notice is actually given.

When do I get my security deposit back in New York?

Within 14 days of vacating, statewide, under GOL § 7-108(1-a)(e) — the landlord must return the deposit and, if anything is withheld, an itemized statement. Miss the 14 days and the landlord forfeits any right to retain part of it. You can also request an inspection one to two weeks before move-out and cure problems first. Note: § 7-108 covers most residential units; owner-occupied buildings with fewer units may differ — when in doubt check the NY Attorney General’s tenants’ rights guide.

Sources

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