How much notice must a tenant give to end a month-to-month tenancy in New York?

Outside New York City, Real Property Law § 232-b lets a tenant end a month-to-month tenancy by notifying the landlord at least one month before the expiration of the term, regardless of how long the tenant has lived in the unit. The rule applies to tenants in every situation; longer notice periods that may apply to landlords are landlord obligations only and do not flow back to tenants.

Can I move out before the notice period is up?

You can physically vacate earlier, but you remain responsible for rent through the end of the rental month named in your notice unless the landlord agrees in writing to release you sooner. Returning keys early does not, by itself, end the rent obligation.

Does verbal notice count?

Don't rely on it. New York Real Property Law § 232-b does not itself say the notice must be written, but written notice is far easier to prove. A verbal conversation, text message, or email is hard to prove later, and even where the lease authorizes one of them the safer course is a signed written notice with proof of delivery.

What if I'm in a fixed-term lease and want to leave early?

A one-month notice under N.Y. Real Prop. Law § 232-b does not break a fixed-term lease. Early termination of a fixed-term lease typically requires either a lease provision authorizing it, mutual agreement with the landlord, or a statutory ground such as uninhabitable conditions, domestic violence early termination, or military deployment under federal SCRA (50 U.S.C. § 3955). Without one of those, the tenant may remain liable for rent through the end of the term, subject to the landlord's duty to mitigate damages.

How and when will I get my security deposit back?

New York General Obligations Law § 7-108(1-a)(e) requires the landlord to return your deposit (less any itemized, lawful deductions) within 14 calendar days of you surrendering possession. Provide a written forwarding address so the refund reaches you. If the landlord fails to comply, you may be entitled to the full deposit plus statutory penalties.

Can I deliver the notice by email or text?

New York Real Property Law § 232-b requires the tenant to notify the landlord but does not require writing or specify a delivery method. Email or text may be valid if the lease expressly authorizes electronic delivery. Even where allowed, the safer practice is personal delivery with a signed receipt or certified mail with return receipt — methods that produce documentary proof of when notice was given.

Should I ask for a pre-move-out walkthrough?

Quick answer: Yes — almost always. It's your best deposit-saving tool. A pre-move-out walkthrough is one of the most underused tools tenants have. New York Gen. Oblig. Law § 7-108(1-a)(d) gives you the right to request that the landlord walk through the unit with you before move-out and tell you what would be deducted from the deposit if the unit were left in its current state. You then have until the last day of tenancy to cure those issues. Tenants who use this approach typically recover meaningfully more of the deposit. Check the box on the form to put the request in writing.

What if the landlord is unresponsive or refuses to acknowledge the notice?

Quick answer: Document delivery and proceed on the timeline you stated. The landlord's acknowledgment is not required for a N.Y. Real Prop. Law § 232-b notice to be effective — proof of delivery is. If you delivered via certified mail with return receipt, that's your proof. If the landlord refuses to acknowledge, the tenancy still ends on the date you stated. Continue paying rent through that date, surrender possession on time, and start the 14-day deposit clock running.

Can the landlord retaliate after I give notice?

Quick answer: Not for protected acts listed in § 223-b. N.Y. Real Prop. Law § 223-b bars a landlord from serving a notice to quit, suing for possession, or substantially altering the tenancy in retaliation for a good-faith complaint about a health or safety violation, good-faith action to secure or enforce rights under the lease or state law, or participation in a tenants' organization. Document each incident with dates. Retaliation is an affirmative defense in a possession case (§ 223-b(4)) and supports a civil action for damages, attorney's fees and costs (§ 223-b(3)).

What if there are cotenants and only one of us is leaving?

Quick answer: Use a different process — talk to the landlord about a written modification. A N.Y. Real Prop. Law § 232-b notice ends the entire tenancy, not one cotenant's piece of it. If only some cotenants intend to leave and others plan to stay, you typically need a written modification of the lease, with the landlord's signature, and possibly a new lease for the remaining tenants. Sending a notice in this situation can have unintended consequences — discuss with the landlord first.

Should I keep a copy of everything?

Quick answer: Yes — always. Keep a signed copy of the notice, proof of delivery (signed receipt or certified mail return), all rent payment records through the notice period, the initial inspection itemization (if any), move-out photos and video, the surrender confirmation (key return receipt or text), and the deposit itemization when it arrives. This file is what wins small claims cases if the deposit is wrongly withheld.

📋 NY Tenant Forms: Tenant Notice to Vacate All NY Forms NY Eviction Laws NY Security Deposit

Free New York Tenant Notice to Vacate

The one-month notice New York tenants use to properly end a periodic tenancy under N.Y. Real Prop. Law § 232-b. Fillable PDF, move-out date calculator, and security deposit guidance under N.Y. Gen. Oblig. Law § 7-108(1-a) — built for tenants giving notice, not landlords.

New York One-Month Notice NY RPL § 232-b Free PDF 2026 Edition

⏱ONE MONTH, BEFORE THE TERM ENDS, AND PROVABLE: Outside New York City, Real Property Law § 232-b lets a tenant end a month-to-month tenancy by notifying the landlord at least one month before the expiration of the term. Verbal notice and short notice can leave you liable for additional rent.

💰PROTECT YOUR SECURITY DEPOSIT: Provide a written forwarding address. New York General Obligations Law § 7-108(1-a)(e) requires the landlord, within fourteen days after you vacate, to give you an itemized statement of any deductions and return the rest of the deposit.

📜STATUTORY AUTHORITY: New York Real Property Law § 232-b (notice). New York General Obligations Law §§ 7-103 and 7-108(1-a) (security deposit). State anti-retaliation and landlord-entry statutes apply during the notice period.

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The notice period runs from delivery, not from your last day in the unit. If you give notice on the 10th of the month and intend to move out before the period ends, you are still on the hook for rent through the end of the rental month your notice names. Moving out early without paying through the period can lead to a small claims action or a security deposit deduction. Pay rent through the full notice period, document delivery, and surrender keys on or before the last day to start the 14-day security deposit clock under N.Y. Gen. Oblig. Law § 7-108(1-a)(e).

NY Notice Period

One Month

Day Type

Calendar

Statute

§ 232-b

SD Return

14 Days

Form TypeTenant Termination Notice

StateNew York

AuthorityNY RPL § 232-b

Updated2026

On this page

What this form does and when to use it
New York statute and legal authority
Step-by-step: writing your notice to vacate
Fillable form & PDF download
Required information that makes the notice valid
How to deliver the notice to your landlord
Move-out timeline and key dates
What happens after the notice period ends
Security deposit return under § 7-108(1-a)
Common mistakes that cost tenants money
Tenant rights during the notice period
Frequently asked questions
New York statute reference table

A New York Tenant Notice to Vacate is the written one-month notice a tenant gives a landlord to end a periodic tenancy under New York Real Property Law § 232-b. It identifies the rental unit, sets the last day of tenancy, provides a forwarding address for the security deposit, and creates the documentary record that protects you if the move-out is later disputed. The form on this page handles the statutory content automatically — you fill in the blanks, the PDF generates a clean, signature-ready notice, and you deliver it to your landlord.

month’s notice before the term ends

days for security deposit return

2 min

to fill out and download

Watch: New York Tenant Notice to Vacate explained

Outside New York City, a month-to-month tenant ends the tenancy by notifying the landlord at least one month before the expiration of the term, so the move-out date should be the last day of a rental month (N.Y. Real Prop. Law § 232-b). No notice is needed to end a tenancy for a definite term (§ 232-b). Section 232-b does not apply inside New York City, and it does not itself require writing, but a dated written notice is what you can prove.

What this form does and when to use it

The New York Tenant Notice to Vacate is a written notice from the tenant to the landlord ending a periodic (typically month-to-month) tenancy under New York Real Property Law § 232-b. It serves three purposes at once: it gives the landlord the one month’s notice before the end of the term that § 232-b requires, it specifies the last day of tenancy so rent obligations stop on a defined date, and it provides the forwarding address that tells the landlord where to send the deposit and itemized statement it owes within fourteen days after you vacate under N.Y. Gen. Oblig. Law § 7-108(1-a)(e). Without a properly written and delivered notice, a tenant who simply moves out remains exposed to claims for additional rent and may have a harder time recovering the security deposit.

Use this notice when you have a periodic tenancy — month-to-month is the most common form, but § 232-b itself covers only month-to-month tenancies outside New York City; for week-to-week or other periodic arrangements, check your lease. The one-month notice applies regardless of how long you have lived in the unit. Many states impose longer notice obligations on landlords than on tenants — those longer landlord rules do not flow back to tenants. As a tenant on a periodic tenancy in New York, you give the one-month notice stated in N.Y. Real Prop. Law § 232-b every time.

This is not the right form for a fixed-term lease. If you have a lease with a defined end date and you intend to leave at the natural end of the term, the lease itself sets the end date — although it is good practice to send a written notice anyway to confirm your intent and trigger the security deposit clock. If you want to leave a fixed-term lease early, the one-month notice does not apply: you need either a lease provision authorizing early termination, the landlord’s written agreement to release you, or a statutory ground (uninhabitable conditions, domestic violence early termination, or military deployment under federal SCRA at 50 U.S.C. § 3955). Sending a § 232-b notice on a fixed-term lease without one of those grounds typically does not end your rent liability under New York law.

Tenant notice vs. landlord notice: A common point of confusion. In most states the rules are asymmetric — landlords often face longer notice obligations (sometimes scaled to length of tenancy or limited to “just cause” grounds) while tenants on a periodic tenancy give a single fixed notice period. Outside New York City, a tenant must notify the landlord at least one month before the expiration of the term under N.Y. Real Prop. Law § 232-b, regardless of how long you have lived in the unit. Any longer landlord notice rule does not flow back to you — your obligation is the one month stated in the statute.

Related Resources

Document the move-out

A clean move-out is mostly about evidence. Date-stamped photos of every room, a written forwarding address, copies of the notice and proof of delivery, and a returned key receipt protect your security deposit refund. Keep a complete file from the day you serve notice through the 14-day return window.

Read NY security deposit guide