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New York Month-to-Month Rental Agreement

Create New York Month-to-Month Rental Agreement

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Prepare a legally proper Month-to-Month Rental Agreement for New York that incorporates all required disclosures and clauses under New York landlord-tenant law. Fill in your details and download your completed, ready-to-sign Month-to-Month Rental Agreement as a professional PDF for $7.99.

New York law requires specific provisions in rental agreements that protects both lessor and lessee. Security deposits are capped at 1 month rent (as of June 2019 Housing Stability and Tenant Protection Act) and must be returned within 14 days. New York requires landlords to pay interest on security deposits. A 5-day grace period is required before late fees can be assessed. New York requires 12 specific disclosures in lease agreements.

New York Lease Requirements

Security Deposit Limit 1 month rent (as of June 2019 Housing Stability and Tenant Protection Act)
Deposit Return Deadline 14 days
Deposit Interest Required Yes - Landlord must hold security deposits in a separate trust account at a New York bank and pay interest to the tenant annually (NY General Obligations Law § 7-103). For buildings with fewer than 6 units, landlord may keep 1% of the deposit as administrative fee. For buildings with 6+ units, landlord must hold deposits in an interest-bearing account and remit all interest less the administrative fee to the tenant.
Late Fee Cap $50 or 5% of monthly rent, whichever is less
Grace Period 5 days
Landlord Notice (Month-to-Month) 30, 60, or 90 days (based on length of tenancy) 30 days if the tenancy is under 1 year; 60 days if 1 to 2 years; 90 days if 2 years or more (NY RPL § 226-c, effective 2019).
Tenant Notice (Month-to-Month) 30 days
Entry Notice No specific statutory requirement; reasonable advance notice is implied
Key Statute New York Real Property Law
Required Disclosures Lead-based paint disclosure (federal law, pre-1978 housing); Bedbug infestation history, landlord must provide written disclosure of known bedbug history in the unit and building for the past year (NY Admin Code § 27-2018.1, NYC only, but best practice statewide); Flooding disclosure, landlord must disclose if unit is in a FEMA flood zone or has flooded in the past 5 years (RPL § 231-b); Building code violations, landlord must disclose open or pending violations (NYC Admin Code § 27-2014); Rent stabilization status, landlord must disclose if unit is subject to rent stabilization or rent control, and provide a copy of the applicable lease rider; Sprinkler system notification, landlord must disclose whether the building has a sprinkler system and its last maintenance date (RPL § 231-a); Window guards, landlord must offer window guards and install if a child under 11 resides in the unit (NYC Admin Code § 27-2043.1); Stove knob covers, landlord must offer stove knob covers upon tenant request (NYC Local Law 92 of 2019); Owner identity and contact information for receipt of notices and rent payments (RPL § 235-b); Truth-in-renting disclosure summary (required in buildings of 6+ units; AG-approved summary must be provided at lease signing); Mold disclosure, landlord must disclose known mold conditions (NYC Admin Code § 27-2017.3); Tenant's right to a move-in inspection and walkthrough (Housing Stability and Tenant Protection Act, 2019)

New York Month-to-Month Rental Agreement Checklist

Print this or save it as a PDF to use when preparing and signing the agreement.

Before you sign

  • Both parties read the entire agreement before signing.
  • Walk through the unit and document any existing damage in writing.
  • Confirm the move-in date and key handover arrangements.
  • Verify the security deposit amount and accepted payment method.

New York rules to know

  • Security deposit is capped at 1 month rent (as of June 2019 Housing Stability and Tenant Protection Act) in New York.
  • Landlord must return the deposit within 14 days of move-out.
  • New York requires landlords to pay interest on security deposits.
  • Late fees cannot be charged until after a 5-day grace period.
  • Late fee cap: $50 or 5% of monthly rent, whichever is less.
  • Landlord must give No specific statutory requirement; reasonable advance notice is implied before entering the unit.
  • To end a month-to-month tenancy, the landlord must give 30, 60, or 90 days (based on length of tenancy) written notice.
  • To end a month-to-month tenancy, the tenant must give 30 days written notice.
  • New York has rent control or rent stabilization rules that may limit annual increases.
  • Required disclosures: Lead-based paint disclosure (federal law, pre-1978 housing); Bedbug infestation history, landlord must provide written disclosure of known bedbug history in the unit and building for the past year (NY Admin Code § 27-2018.1, NYC only, but best practice statewide); Flooding disclosure, landlord must disclose if unit is in a FEMA flood zone or has flooded in the past 5 years (RPL § 231-b); Building code violations, landlord must disclose open or pending violations (NYC Admin Code § 27-2014).

In the agreement itself

  • Full legal names of all landlords and tenants.
  • Complete property address, including unit number.
  • Lease term: start date, end date (or ongoing month-to-month renewal terms).
  • Monthly rent amount and the due date.
  • Security deposit amount and the conditions for deductions.
  • Late fee amount and the grace period, if any.
  • Pet policy, smoking policy, and guest policy.
  • Utility responsibilities (which party pays each utility).
  • Signatures of all parties.

Both parties should keep a signed copy. New York landlord-tenant law governs this agreement (New York Real Property Law).

What to Include in a New York Month-to-Month Rental Agreement

Every Month-to-Month Rental Agreement in New York should include the following critical provisions: identification of the property owner and renter, a complete description of the rental property, the lease term and rent amount, security deposit terms including the amount and return deadline (14 days in New York), late fee policies that comply with state limits, utility responsibilities, rules regarding pets, smoking, and occupancy limits, maintenance and repair obligations, right of entry provisions, termination and renewal terms, and all state-required disclosures.

New York law requires landlords to disclose lead-based paint disclosure, bedbug infestation history, landlord must provide written disclosure of known bedbug history in the unit and building for the past year, flooding disclosure, landlord must disclose if unit is in a fema flood zone or has flooded in the past 5 years, building code violations, landlord must disclose open or pending violations, rent stabilization status, landlord must disclose if unit is subject to rent stabilization or rent control, and provide a copy of the applicable lease rider. Landlord must return security deposit within 14 days of lease end with itemized deduction statement; failure to provide itemized statement waives right to make deductions (HSTPA 2019).

How to Complete a New York Month-to-Month Rental Agreement

To complete a Month-to-Month Rental Agreement in New York, start by gathering the necessary information: full legal names and addresses of all parties, the complete property address, the agreed-upon rent amount and payment terms, and the security deposit amount (limited to 1 month rent (as of June 2019 Housing Stability and Tenant Protection Act) in New York). You will also need to decide on house rules such as pet policies, smoking restrictions, and quiet hours.

Our platform walks you through each section with a guided form that only shows fields required for New York. Once you have filled in all details, you can preview the document, choose from five professional document styles, and download your completed Month-to-Month Rental Agreement as a PDF.

Frequently Asked Questions

What is the maximum security deposit in New York?
In New York, security deposits are capped at 1 month rent (as of June 2019 Housing Stability and Tenant Protection Act). Landlords must return the deposit within 14 days after move-out, minus lawful deductions for unpaid rent and damages beyond normal wear and tear. New York also requires landlords to pay interest on deposits.
Can a landlord charge a late fee in New York?
Yes, but New York requires a 5-day grace period before a late fee can be assessed. Late fees are capped at $50 or 5% of monthly rent, whichever is less. Late fee terms must be clearly stated in the lease.
How much notice must a landlord give before entering a rental in New York?
New York requires landlords to give No specific statutory requirement; reasonable advance notice is implied before entering a rental unit for non-emergency purposes. Entry without proper notice may violate tenant rights under New York landlord-tenant law. Emergency situations such as fire or flood allow immediate entry without advance notice.
How do you terminate a month-to-month rental in New York?
In New York, landlords must give 30, 60, or 90 days (based on length of tenancy) written notice to terminate a month-to-month tenancy, and tenants must give 30 days written notice. 30 days if the tenancy is under 1 year; 60 days if 1 to 2 years; 90 days if 2 years or more (NY RPL § 226-c, effective 2019). Notice should be delivered in person or by certified mail so delivery can be proven. Either party can terminate without cause unless local rent control rules apply.
What is the difference between a month-to-month and a fixed-term lease in New York?
A fixed-term lease runs for a set period (usually 12 months) and cannot be ended early without cause or mutual agreement. A month-to-month agreement renews automatically each month and can be ended by either party with proper notice. In New York, that means 30, 60, or 90 days (based on length of tenancy) from the landlord and 30 days from the tenant. Month-to-month agreements offer more flexibility but less security for both parties.
How much notice is required to terminate a lease in New York?
For month-to-month tenancies, New York requires landlords to give 30, 60, or 90 days (based on length of tenancy) notice and tenants to give 30 days notice. 30 days if the tenancy is under 1 year; 60 days if 1 to 2 years; 90 days if 2 years or more (NY RPL § 226-c, effective 2019). Fixed-term leases end on the agreed date without additional notice unless the lease says otherwise.
What is New York rent stabilization and does it affect my lease?
New York's rent stabilization system (overseen by DHCR) applies to most apartments in New York City and some nearby counties built before 1974. Rent-stabilized tenants have the right to lease renewals, and rent increases are set annually by the Rent Guidelines Board. The 2019 Housing Stability and Tenant Protection Act strengthened stabilization rules and limited landlord deregulation. Landlords must include a rent stabilization rider in covered leases or face penalties.

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