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Free New York Month-to-Month Rental Agreement

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New York Month-to-Month Rental Agreement — a periodic tenancy with tiered termination notice of thirty, sixty, or ninety days under NY RPL § 226-c, a one-month deposit cap under GOL § 7-108, and capped late fees under RPL § 238-a.

NY Month-to-Month RPL § 226-c New York Free PDF

A New York month-to-month rental agreement creates a periodic tenancy that renews each month and continues until either party gives proper written notice to end it. Under New York Real Property Law § 226-c, the notice a landlord must give to end the tenancy or raise the rent by five percent or more is tiered by how long the tenant has lived there — thirty days under one year, sixty days for one to two years, and ninety days for two years or more. The deposit is capped at one month’s rent and must be returned with an itemized statement within fourteen days under General Obligations Law § 7-108, and late fees are capped under RPL § 238-a. The generator below builds a New York-aligned agreement; the guide explains what the law actually requires.

Complete the fields below to generate a New York month-to-month rental agreement. Deliver the signed agreement and any statutory notices in a way you can prove, and retain proof of delivery.

A New York month-to-month rental agreement creates a periodic tenancy that renews each month and continues until either party ends it with proper written notice. It is governed by the New York Real Property Law and the General Obligations Law, and, since the Housing Stability and Tenant Protection Act of 2019 (HSTPA), by a set of strong statewide tenant protections that apply to unregulated tenancies as well as regulated ones. A compliant month-to-month agreement has to line up with the current notice, deposit, late-fee, and habitability rules. The generator above builds a New York-aligned agreement; the guide below explains what the law actually requires so the deal you write and the statute do not collide.

This page covers ordinary, unregulated month-to-month tenancies. If the unit is rent-stabilized or rent-controlled — common in New York City and a handful of other municipalities — renewal, non-renewal, and rent-increase rules are set by the Division of Housing and Community Renewal rather than by a simple month-to-month agreement, and those rules override the general framework described here.

A month-to-month tenancy has no fixed end date — it simply renews until terminated. The distinctive feature of New York law is that the notice to end the tenancy is tiered by how long the tenant has occupied the unit. Under RPL § 226-c, a landlord who wants to end the tenancy, decline to renew, or raise the rent by five percent or more must give at least thirty days’ notice if the tenant has lived there less than one year, at least sixty days’ notice for one to two years, and at least ninety days’ notice for two years or more. This tiered rule was added by the HSTPA in 2019 and replaced the older flat thirty-day standard for longer tenancies.

The notice a tenant must give to move out is governed separately. Outside New York City, a tenant on a month-to-month tenancy generally gives at least one full calendar month’s written notice under RPL § 232-b, timed to the rental period. Within New York City, RPL § 232-a governs the landlord’s thirty-day notice to the tenant, and a tenant should give at least a month. Because the mechanics differ inside and outside the city, name the property’s location clearly and confirm which rule applies before counting days.

Within that structure the parties have wide freedom to set the commercial terms — rent, deposit, fees, utilities, occupancy, pets — but New York’s mandatory floors on deposits, late fees, habitability, and disclosures override any conflicting clause, and a waiver of the warranty of habitability is void. A good agreement states the deal clearly, restates those statutory duties, and names the landlord’s agent and address for notices so that every later notice has a valid place to be delivered.

Whether you use the generator above or draft your own, a defensible New York month-to-month agreement covers the same core ground. Each of these terms maps to a specific New York rule, and leaving one out is where most disputes begin.

• Parties and premises — every adult tenant, the landlord or authorized agent, and the exact unit address, including apartment or unit number.
• Month-to-month term and the tiered notice — that the tenancy renews monthly and that termination or a five-percent-plus increase requires thirty, sixty, or ninety days by length of occupancy (RPL § 226-c).
• Rent and payment — the amount, the due date, accepted methods, the five-day grace period, and a late fee no greater than the lesser of fifty dollars or five percent of the monthly rent (RPL § 238-a).
• Security deposit — an amount no greater than one month’s rent, held in trust, and the 14-day itemized-return rule (GOL §§ 7-103, 7-108).
• Habitability, utilities, occupancy, and access — who pays which utilities, the warranty of habitability, reasonable occupancy limits, and reasonable landlord access with notice.
• Required disclosures and signatures — lead-based paint for pre-1978 housing, bed-bug history, the sprinkler statement, any allocated-utilities disclosure, and a dated signature block for each party.

Tiered termination and rent-increase notice (RPL § 226-c)

This is the rule that sets New York apart. To end a month-to-month tenancy, decline to renew, or raise the rent by five percent or more, the landlord must give written notice keyed to the tenant’s length of occupancy: thirty days for less than one year, sixty days for one to two years, and ninety days for two years or more. Count the tenant’s actual time in the unit — not the length of any single agreement — and deliver the notice far enough ahead that the full period runs before the intended end date. A short or miscounted notice is the most common reason a New York holdover case is dismissed.

Rent, late fees, and grace period (RPL § 238-a)

Rent is what the parties agree for an unregulated unit, but the late fee is capped by statute. A landlord may not charge a late fee until the rent is at least five days late, and the fee may not exceed the lesser of fifty dollars or five percent of the monthly rent. The same section limits what a landlord may charge for a background or credit check to twenty dollars, or the actual cost if less. Put the grace period and the exact late fee in the agreement so the charge is enforceable.

Security deposit (GOL §§ 7-103, 7-108)

Since the HSTPA, a landlord may collect no more than one month’s rent as a security deposit for most residential units, and demanding last month’s rent plus a full deposit is generally prohibited. The deposit is held in trust and may not be commingled with the landlord’s own funds (GOL § 7-103). Within fourteen days after the tenant vacates, the landlord must return the deposit and, if any is kept, provide an itemized statement of the basis for each deduction (GOL § 7-108). Missing the 14-day deadline forfeits the right to retain any part of the deposit, and bad-faith withholding can expose the landlord to up to twice the amount wrongfully kept.

Warranty of habitability (RPL § 235-b)

Every residential tenancy in New York carries an implied warranty of habitability: the premises must be fit for human habitation and free of conditions dangerous to life, health, or safety. The warranty cannot be waived, and any lease term purporting to waive it is void as against public policy. After the tenant gives notice of a serious condition — loss of heat or hot water, a dangerous defect, or a pest infestation the tenant did not cause — the tenant’s remedies for a breach can include a rent abatement reflecting the reduced value of the unit while the condition persists. Keep a dated copy of every repair request, because the landlord’s obligation turns on notice.

Required disclosures

The agreement should give the name and address of the landlord or authorized agent for notices and carry the disclosures New York requires: the federal lead-based paint disclosure and EPA pamphlet for housing built before 1978, a bed-bug-history disclosure (in New York City on DHCR Form NYC-RA-81), a sprinkler-system statement, and, where the landlord bills back or allocates utilities, the applicable utility disclosure. Getting these into the signed agreement — rather than promising them verbally — is what makes them provable later.

• Deposit penalties (GOL § 7-108). A late or missing itemized statement within fourteen days forfeits the right to withhold any part of the deposit; willful bad-faith retention can cost up to twice the wrongfully withheld amount.
• Habitability breach (RPL § 235-b). The tenant may seek a rent abatement reflecting the reduced value of the unit and, for a serious uncured condition, other relief; the warranty cannot be waived away.
• Defective notice (RPL §§ 226-c, 232-a, 232-b). A termination, non-renewal, or five-percent-plus increase on a short or miscounted notice is ineffective, and a holdover case built on it is subject to dismissal.
• Unlawful eviction and utility shutoff (RPAPL § 768; RPL § 235). Self-help lockouts and shutting off utilities to force a tenant out are prohibited and expose the landlord to damages and, in some cases, criminal penalties.
• Overcharged late fee (RPL § 238-a). A late fee charged before the fifth day, or above the lesser of fifty dollars or five percent, is not enforceable.

• Using a flat thirty-day notice for a long tenancy. After one year the notice steps up to sixty days, and after two years to ninety days (RPL § 226-c); a thirty-day notice for a three-year tenant is defective.
• Counting the notice from the wrong date. The full statutory period must run before the intended end date; add a cushion rather than risk a short notice.
• Collecting more than one month’s deposit. A full deposit plus last month’s rent violates GOL § 7-108 for most units.
• Missing the 14-day deposit deadline. No itemized statement within fourteen days forfeits the right to keep any of the deposit.
• Charging an early or oversized late fee. Nothing until the fifth day, and never above the lesser of fifty dollars or five percent (RPL § 238-a).
• Treating a rent-stabilized unit like a free-market one. Stabilized and controlled units follow separate DHCR renewal and increase rules that this agreement does not cover.
• Using self-help to remove a tenant. Lockouts and utility shutoffs are unlawful; possession comes only through the court holdover process.

• Match the notice to the tenancy length — confirm thirty, sixty, or ninety days under RPL § 226-c before you set the end date.
• State the rent, due date, five-day grace, and the capped late fee inside the RPL § 238-a limits.
• Cap the deposit at one month and hold it in trust, then track the 14-day return clock closely.
• Attach the required disclosures — lead paint for pre-1978 housing, bed-bug history, and the sprinkler statement.
• Do a documented move-in inspection with dated photos so the deposit accounting is defensible.
• Screen the tenant before you sign — verify credit, rental history, evictions, and income first.
• Confirm the unit is not rent-regulated before relying on this agreement, and have counsel review anything unusual or high-value.

A New York month-to-month tenancy usually turns on whether a notice was delivered correctly and counted correctly, so the mechanics matter as much as the timing. Put the termination or rent-increase notice in writing, name the tenant and the property, and state the exact effective date. First fix the correct period — thirty, sixty, or ninety days under RPL § 226-c by length of occupancy — then count so that the full period runs before the effective date. When in doubt, add a few days of cushion rather than risk a short notice a court will reject.

Deliver the notice in a way you can prove: personal delivery to the tenant, or, where the statute allows, a substitute method with a mailed copy. Keep a dated copy and a record of how and when it was served — that proof of service is what a landlord attaches to a holdover filing if the tenant does not comply, and what a tenant relies on to show a notice was late or defective. Because New York prohibits self-help lockouts and utility shutoffs, a landlord who wants possession after a proper notice must still use the court’s summary holdover proceeding under RPAPL Article 7 rather than changing the locks. For the underlying grounds and forms, see our New York eviction notice guide.

New York recognizes electronic signatures under the Electronic Signatures and Records Act, so an agreement signed through a reputable e-signature service is as binding as ink when both parties agreed to sign electronically. However it is executed, each party should receive a fully signed copy, and the landlord should keep the signed original, the disclosures, and any addenda together for the life of the tenancy plus the limitations period for a deposit or habitability claim.

Do a documented move-in inspection: walk the unit with the tenant, note every existing defect on a condition form, and take dated photographs. Because the deposit must be returned with an itemized statement within fourteen days, that dated record is what makes the deposit accounting defensible when the tenancy ends. Confirm that smoke and carbon-monoxide alarms are working before the tenant takes possession, and give the tenant the landlord’s current address for notices.

To end the tenancy, either party delivers the correct written notice stating the effective date, and the landlord returns the deposit — or the itemized statement of deductions — within fourteen days of surrender. If the tenant does not leave after a proper notice, the landlord’s remedy is the summary holdover process, not a self-help lockout, which New York prohibits. Calendaring the notice and deposit deadlines the day the agreement is signed avoids the most common month-to-month disputes.

Statewide law is the floor, not the ceiling. Rent-stabilized and rent-controlled units — concentrated in New York City but present in a number of municipalities that have opted into the Emergency Tenant Protection Act — follow separate renewal, non-renewal, and increase rules set by DHCR, and a simple month-to-month agreement does not override them. Subsidized tenancies, such as Section 8, carry their own good-cause and notice requirements that can override an ordinary termination. New York City also layers additional protections through the Housing Maintenance Code and local disclosure requirements. Manufactured-housing and mobile-home-park tenancies are governed by a separate statute with its own notice periods. When a tenancy touches any of these programs, confirm the specific rule before relying on the general month-to-month framework on this page, and see the New York landlord-tenant overview for the broader statutory map.

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