N.Y. Real Property Law § 232-a

NYC Notice to Terminate: N.Y. Real Property Law § 232-a

N.Y. Real Property Law § 232-a requires written notice to end a month to month tenancy in NYC, or at least thirty days before expiration for non-residential.

Official text N.Y. Real Property Law § 232-a — New York

§ 232-a. Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. No monthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over the tenant's term unless pursuant to the notice period required by subdivision two of section two hundred twenty-six-c of this article, or for a tenancy other than a residential tenancy at least thirty days before the expiration of the term, the landlord or the landlord's agent serve upon the tenant, in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law, a notice in writing to the effect that the landlord elects to terminate the tenancy and that unless the tenant removes from such premises on the day designated in the notice, the landlord will commence summary proceedings under the statute to remove such tenant therefrom.

Text as published in the 2026 snapshot of the code.

Source: Vaquill Open US Law, compiled from official state publishers (huggingface.co), reproduced under license CC BY 4.0.

Read this provision at the official source →

What it actually says

This is the New York City counterpart to § 232-b, and it is written from the landlord's side. No monthly tenant or tenant from month to month may be removed from lands or buildings in the City of New York on the ground of holding over unless the landlord serves a written notice stating that the landlord elects to terminate the tenancy and that, unless the tenant leaves on the day named, the landlord will begin summary proceedings.

How much warning that notice must give depends on what kind of tenancy it is. For residential tenancies the section points to the notice periods in § 226-c(2) - thirty, sixty or ninety days according to how long the tenant has occupied the unit. For a tenancy other than a residential tenancy, the section keeps its own rule: at least thirty days before the expiration of the term.

Service is not left to the landlord's convenience either. The notice must be served in the same manner in which a notice of petition in summary proceedings is allowed to be served by law - so the rules that govern service in a housing case govern service of this notice. The section describes a prerequisite to a removal proceeding rather than a self-executing eviction: after the notice period runs out, the landlord's route to possession is still the summary proceeding the notice announces.

When it applies

  • A New York City tenant with no written lease is told to leave at the end of the month.
  • A landlord serves a termination notice by email or tapes it to the door.
  • A tenant who has occupied a City apartment for four years month to month receives thirty days' notice.
  • A commercial month-to-month occupant in the City is given notice to quit.
  • A tenant stays on after the notice date and the landlord wants possession.

What this section does not say

  • It does not apply outside New York City - that is § 232-b, which is drafted differently.
  • It does not itself evict anyone. It sets the notice that must precede a summary proceeding.
  • It does not fix the residential notice period itself. For residential tenancies it adopts the periods in § 226-c(2).
  • It says nothing about the rent that may be charged for the following period, or about a rent increase, which is § 226-c.
  • It does not create a month-to-month tenancy or say when one arises.

Worked examples

Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.

Illustrative example

Someone has rented month to month in an outer-borough apartment for four years with nothing in writing. The owner sends a text message saying to be out by the end of the month.

How the wording applies

For a City monthly tenancy the landlord must serve a written notice stating that they elect to terminate and that, unless the tenant leaves on the day named, summary proceedings will be begun - served in the manner in which a notice of petition in summary proceedings may be served by law. For residential tenancies the period comes from § 226-c(2), and four years of occupancy puts it at ninety days. The text message fails on both counts, form and length.

How the parties settled it

They agree a leaving date four months out, the owner puts the notice into proper form in the meantime, and the tenant gives access for viewings in the final month.

Illustrative example

A City tenant of six years, month to month with no lease, is handed a correctly worded termination notice giving thirty days.

How the wording applies

The section adopts the notice periods in § 226-c(2) for residential tenancies, and those are keyed to how long the tenant has occupied the unit rather than to the monthly rhythm of the tenancy. Above two years of occupancy the period is ninety days, so length of occupancy is the fact that decides whether this notice achieves anything.

How the parties settled it

The landlord reissues for ninety days, the rent stays as it is for that period, and the tenant confirms a firm move-out date in writing.

Illustrative example

A small business occupying a City storefront month to month with no written lease is given thirty days to go.

How the wording applies

For a tenancy other than a residential tenancy the section keeps its own rule of at least thirty days before the expiration of the term, so a commercial occupant does not get the graduated residential periods. What still applies is the form: the notice must state the election to terminate and the intention to begin summary proceedings, and be served in the prescribed manner.

How the parties settled it

They agree an extra six weeks so the business can fit out its new unit, in exchange for the fixtures being left behind and the rent for the whole period paid up front.

How courts have read it

Decisions construing this provision. The question and the summary are ours; the quoted sentence is the court's own words, taken from the published opinion. These are the decisions in our corpus, not every decision there is, and nothing here predicts any other case. Reported 2003 to 2017.

McCormick v. Homes, 38 Misc. 3d 847 (2012)

trial courts

What the court had to decide

Whether a waiver of the right to notice under Real Property Law § 232-a in a resident contract is enforceable.

What it held

The waiver provision in the resident agreement permitting self-help is unenforceable, and the respondent's self-help eviction was illegal because petitioner was entitled to due process of law prior to eviction.

In the court's words
The court finds that provision in the resident agreement permitting self-help is unenforceable and that petitioner was illegally evicted from the premises without due process of law.

Kiamie-Princess Marion Realty Corp. v. Lipton, 20 Misc. 3d 423 (2008)

trial courts

What the court had to decide

Does Real Property Law § 232-a require service of a notice of termination in the same manner as a notice of petition under RPAPL 735(1), including personal service attempts, or is service by mail alone sufficient?

What it held

The court held that Real Property Law § 232-a requires strict compliance with RPAPL 735(1) service methods, and service by mail alone without personal service attempts is insufficient, rendering the petition jurisdictionally defective.

In the court's words
The record clearly reflects that the petitioner did not comply with RPAPL 735 (1) and Real Property Law § 232-a in effectuating service of the notice of termination.

Trojan v. Wisniewska, 8 Misc. 3d 382 (2005)

trial courts

What the court had to decide

Whether service of a 30-day notice of termination under Real Property Law § 232-a must be made pursuant to RPAPL 735 in a personal use holdover proceeding involving a rent-stabilized tenancy.

What it held

The court held that no 30-day notice of termination is required in end-of-lease holdover proceedings on the ground of personal use by the owner or members of the owner's family, and therefore the combined notice served by regular mail was sufficient.

In the court's words
the court concludes that no 30-day notice of termination is required in end of lease proceedings on the ground of personal use by the owner or members of his or her family.

Ricciardo v. Ricciardo, 6 Misc. 3d 223 (2004)

trial courts

What the court had to decide

What is the proper manner of service of a 30-day termination notice in an ejectment action involving a month-to-month tenancy in New York City?

What it held

The manner of service of the 30-day termination notice in an ejectment action where a month-to-month tenancy exists is governed by Real Property Law § 232-a, not CPLR 308.

In the court's words
the manner of service of the 30-day termination notice in an ejectment action where a month-to-month tenancy exists is governed by Real Property Law § 232-a which is the only statute that specifically addresses the manner of service of a 30-day termination notice in this situation.

Source: Caselaw Access Project, CC0 1.0 Universal (public domain dedication).

Related sections

N.Y. Real Property Law § 232-b One month notice: N.Y. Real Property Law § 232-b N.Y. Real Property Law § 226-c Five percent rent notice: N.Y. Real Property Law § 226-c N.Y. Real Property Law § 215 RPL § 215: no removal without good cause N.Y. Real Property Law § 216 Good cause eviction grounds: N.Y. Real Property Law § 216

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We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.

This page reproduces the text of N.Y. Real Property Law § 232-a in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in New York.

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