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Breaking a lease in New York

Source: Real Property Law 232-a; 232-b; 226-c; 227-a; 227-c; 227-e; RPL Art. 6-A (Good Cause Eviction); Military Law 310 · Checked against the statute

Tenant notice, month-to-month
1 month, ending with a rental period (Outside New York City); Varies (see rule) (New York City)
Landlord must try to re-rent
Yes
State early-termination rights
Domestic violence, sexual assault or stalking; Age, illness or disability; Military service (state law); Unit unlivable or landlord fails to repair

When can I move out in New York?

Choose your state, your situation and the date your landlord will receive notice.

Ending a month-to-month tenancy

If you are the tenant

  • Outside New York City, a tenant may end a month-to-month tenancy by notifying the landlord at least one month before the end of the monthly term (RPL 232-b).
  • In New York City, no statute sets the tenant's notice for a month-to-month tenancy (RPL 232-a covers only landlord notice); check the rental agreement.

If the landlord ends it

  • A landlord ending a residential tenancy must give at least 30 days' notice if the tenant has lived there under 1 year and has no lease of 1 year or more (RPL 226-c(2); 232-a; 232-b).
  • At least 60 days' notice if the tenant has lived there at least 1 but under 2 years, or has a lease of at least 1 but under 2 years (RPL 226-c(2)).
  • At least 90 days' notice if the tenant has lived there 2 years or more, or has a lease of at least 2 years (RPL 226-c(2)).

Written notice required: Not stated. RPL 232-b says the tenant must 'notify' the landlord and does not say the notice must be written; landlord notices under 226-c and 232-a are written.

Leaving a fixed-term lease early

If a tenant leaves before the lease ends, the landlord must make a good-faith effort to re-rent; once a new tenant's lease takes effect, the old lease ends (RPL 227-e; AG Tenants' Rights Guide).

Landlord's duty to re-rent: Yes. The landlord must, in good faith and according to its resources, take reasonable and customary steps to re-rent at fair market rent or the lease rent, whichever is lower; the duty cannot be waived (RPL 227-e).

Lease-break fees: No statutory cap on lease-break fees; a lease clause excusing the landlord's duty to mitigate is void (RPL 227-e).

When New York law lets you leave early

  • Domestic violence, sexual assault or stalking (RPL 227-c)

    A victim who reasonably fears further abuse may end the lease on a date at least 30 days after delivering notice.

    Notice:
    30 days, in writing
    Proof:
    Written notice stating the tenant or household member experienced domestic violence and cannot safely remain; within 25 days, documentation such as an order of protection, a law-enforcement record, a health-care record, or a written verification from a qualified third party.
    What you still owe:
    Rent prorated through the termination date; no rent after; prepaid rent for later periods refunded.

  • Age, illness or disability (RPL 227-a)

    Tenants aged 62+ (or turning 62 during the lease), or with a disability, may end the lease to move to care, qualifying housing, or a family member's home.

    Proof:
    Written notice with a physician's certification plus proof of admission/pending admission to an adult care facility, nursing home, subsidized or senior/disability housing, or (for 62+) a notarized family-member statement.
    What you still owe:
    Released from rent after the termination date, which is no earlier than 30 days after the next rent due date after notice.

  • Military service (state law) (Military Law 310; 301(1))

    New York's rule mirrors the SCRA but also covers National Guard members on state active duty called by the Governor.

    Proof:
    Written notice delivered or mailed to the landlord any time after military service begins (lease signed before entering service).
    What you still owe:
    Monthly-rent lease ends 30 days after the next rent due date after notice.

  • Unit unlivable or landlord fails to repair (RPL 227)

    If fire or another cause makes the unit unfit to live in, the tenant may quit and surrender possession.

    Proof:
    Building destroyed or so injured by the elements or any other cause as to be untenantable, without the tenant's fault or neglect; no written agreement to the contrary.
    What you still owe:
    No rent owed for the time after surrender; rent paid in advance is adjusted to the surrender date.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

City and county rules

  • New York City: Good Cause Eviction Law applies automatically to covered units: the landlord needs good cause to end or not renew a tenancy (RPL Art. 6-A, sec. 212, 215). No statute sets the tenant's month-to-month notice in NYC.
  • Localities that opted into Good Cause Eviction (e.g. Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, Newburgh, Binghamton): Covered units need good cause for the landlord to end or not renew a tenancy (RPL sec. 213, 215); list per NY Attorney General.

Also good to know

  • Good Cause Eviction Law (RPL Art. 6-A) is set to be repealed June 15, 2034.
  • Rent-stabilized and rent-controlled apartments follow separate rules.

Next steps

Sources

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.