Notice to vacate / lease non-renewal letter (NY)
Legal advice recommended before use.
If you're not renewing your lease, putting it in writing protects your security deposit and avoids a dispute over whether you gave proper notice. If you're on a month-to-month tenancy, New York law requires at least 30 days' written notice before the end of the rental period (Real Property Law § 232-a in New York City, § 232-b elsewhere in the state). If you're on a fixed-term lease, check your lease for a notice clause — many now mirror the scaled notice periods (30/60/90 days) landlords must give under RPL § 226-c, so tenants often use the same timeline as a courtesy even when the lease itself sets no deadline.
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Send this by a method you can prove (certified mail, or email with read confirmation) and keep a dated copy for your records — that copy is your best evidence you gave timely notice if there's ever a dispute. This is a template, not legal advice; check your specific lease for any notice clause that may set a longer deadline than the law requires. This document was drafted without live legal-citation verification (research budget was exhausted) and has not yet been reviewed by an attorney — do not rely on it as final.
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Frequently asked questions
How much notice do I actually have to give?
It depends on your tenancy type. If you have no fixed-term lease (month-to-month), NY Real Property Law § 232-a (NYC) or § 232-b (rest of the state) requires at least 30 days' written notice before your next rent due date. If you have a fixed-term lease, the law generally doesn't require you to give notice just to let it expire — but read your lease: many leases include their own notice clause (commonly 30-90 days), and if it does, that clause controls.
What is RPL § 226-c and does it apply to me?
Real Property Law § 226-c, added by the Housing Stability and Tenant Protection Act of 2019, requires landlords to give tenants 30, 60, or 90 days' advance written notice (scaled to how long you've lived there) before a non-renewal or a rent increase of more than 5%. It's a landlord obligation, not a tenant one — but many tenants and leases use the same 30/60/90-day framework as a shared, predictable timeline.
Do I need a reason to not renew my lease?
No. As a tenant on a private (non-subsidized, non-rent-stabilized) lease, you generally don't need to give a reason for choosing not to renew — you just need to give proper notice by the applicable deadline.
Will sending this affect my security deposit?
It shouldn't reduce it, but it starts the clock in your favor: your landlord must return your deposit, minus any lawful itemized deductions, within 14 days of your move-out under General Obligations Law § 7-108. Keeping a copy of this letter with your move-out date documented helps if there's ever a dispute about timing.
What if I have a rent-stabilized apartment?
Rent-stabilized tenants have a right to renew and are not required to move out at lease end. If you're rent-stabilized and choosing not to renew anyway, you still generally must notify your landlord in the renewal-lease window (the landlord's renewal offer arrives 90-150 days before expiration) that you're declining it — respond in writing so there's no ambiguity.
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