Fillable Form New York Month-to-Month Lease Agreement

What is a New York Month-to-Month Lease Agreement?

A New York Month-to-Month Lease Agreement is a contract that allows a tenant to rent a residential property for a period of one month. A New York Month-to-Month Lease Agreement Form renews automatically at the end of each month and will continue to do so indefinitely unless either the landlord or the tenant terminates the agreement.

A Month-to-Month Lease Agreement New York is a less formal, shorter contract that expires every month and is renewed upon payment of rent. As it is a shorter-term agreement, a Month-to-Month Lease Agreement Template New York can be subject to more frequent renegotiation.

For a Month-to-Month Lease Agreement New York State termination, a landlord is not required to provide a reason for terminating the said agreement. If the landlord desires to raise the rent, he or she must offer adequate written notice, and the tenant must agree, negotiate, or cancel the agreement within the allotted time. Eviction will occur if a tenant refuses to leave after a lease has been duly ended.

A Month-to-Month Lease Agreement New York State Template typically includes the following covenants:

• Premises
• Term
• Rent
• Late Payment
• Security Deposit
• Animal
• Residential Duties
• Damage to Premises
• Improvements by Tenant
• Surrender of Premises
• Legal Expenses
• Non-Waiver
• Binding Effect
• Assignment and Subletting
• Amendment of Agreement
• Entire Agreement
• Severability
• Governing Law

How to fill out a New York Month-to-Month Lease Agreement?

Using PDFRun, you can electronically fill out and download a PDF copy of a New York Month-to-Month Lease Agreement PDF in minutes. Fill it out by following the instructions below.

Date

Enter the date when both parties are completing this agreement.

Landlord

Enter the full name of the landlord.

Phone

Enter the phone number of the landlord.

Email

Enter the email address of the landlord.

Tenant

Enter the full name of the tenant.

Phone

Enter the phone number of the tenant.

Email

Enter the email address of the tenant.

Premises

This section states that the landlord, in consideration of the rent amount and other covenants contained herein, rents the premises and shared living areas defined herein. The tenant agrees not to use the premises for carrying on any kind of business.

Parking

Enter the parking premises.

Appliances

Enter the appliances the premises are outfitted with.

This section states that the tenant shall use and maintain the appliances in such a manner that, upon expiry or termination of the agreement, the appliances will be returned to the landlord in a reasonable condition.

Term

This section states that this agreement will be in effect from the date set forth above and will be renewed automatically on a monthly basis until termination. The landlord or tenant may terminate on the last day of a monthly period upon giving either party a minimum 30-day advance notice of termination.

Rent

This section states that the monthly rent for the premises is (enter the amount in dollars) payable on the (enter the day of the month) of each month during the term of this agreement to the landlord at such address as the landlord requested. Should a tenant rent check to the landlord be returned for insufficient funds, the tenant shall be liable to the landlord for (enter the amount in dollars) as a penalty.

Late Payment

This section states that in the event any rent paid by the tenant is not made within three (3) days of when rent is due, the tenant shall pay to the landlord a “3 Day Late Fee” in the amount of (enter the amount in dollars). In the event any rent paid by the tenant is not made within 15 days of when rent is due, the tenant shall pay to the landlord a “15 Day Late Fee” in the amount of (enter the amount in dollars).

Security Deposit

This section states that the tenant will pay a security deposit to the landlord in the amount of (enter the amount in dollars). The security deposit will be returned to the tenant at the end of this tenancy, less such deductions as provided in this agreement.

The parties acknowledge that the landlord will be permitted to deduct from the security deposit any amounts allowable under the act. The parties acknowledge that upon expiration or termination of this agreement, the landlord will return the security deposit, less any proper deductions, to an address agreed upon between the landlord and the tenant or before 14 days after the expiration of this agreement.

Animals

This section states that the parties agree the total number of animals on the premises by all the tenants of the premises may not exceed one (1) dog or cat. The tenant acknowledges exclusive responsibility for any and all damage caused to the premises by such animals. In the event the tenant does have either animal allowed hereunder, the security deposit stated above shall be increased by an additional (enter the amount in dollars).

Residential Duties

This section states that the tenant shall, at its own expense:

• Comply with all obligations imposed upon the tenants by the applicable provision of building, housing, and health codes.
• Keep the premises clean and sanitary.
• Remove all garbage from the dwelling unit in a clean and sanitary manner.
• Keep all plumbing fixtures in the dwelling unit clean, sanitary, and in repair.
• Replace (or clean, if permanent type) air conditioning filters as and when needed, but at least once every other month.
• Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances.

Damage to Premises

This section states that if the premises are damaged or destroyed other than by wrongful or negligent acts of the tenant or persons on the premises with the tenant’s consent, so that the use of the premises is substantially impaired, the landlord may terminate the agreement within 30 days after the damage or destruction and the tenant will immediately vacate the premises. If the tenant vacates, the tenant is not liable for rent that would have been due after the date of termination. The tenant may vacate the part of the premises rendered unusable by the damage or destruction, in which case the tenant’s liability for rent shall be reduced by the fair rental value of the part of the premises that were damaged or destroyed.

Improvements by Tenant

This section states that the tenant may not make any alterations or improvements to the premises (including the application of paints, stains, nails, or screws to the woodwork, walls, floors or furnishings) without first obtaining the landlord’s written consent to the alteration or improvement and all such alterations or improvements shall become the property of the landlord.

Quiet Enjoyment

This section states that the tenant will have quiet enjoyment of the premises for the term of this agreement provided that the tenant dutifully pays rents and performs the covenants in accordance with the terms and conditions stated in this agreement.

Disclosure of Information on Lead-Based Paint

This section states that housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Before renting pre-1978 housing, the lessors must disclose the presence of known lead-based paint hazards in the dwelling. The lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Surrender of Premises

This section states that at the expiration of the agreement term, the tenant shall immediately surrender the premises in the same condition as at the start of the agreement, reasonable use and wear thereof and damages by the elements excepted; and the tenant shall return to the landlord a complete set of keys to the premises and provide landlord in writing the tenant’s forwarding address. If the tenant remains on the premises after the expiration or termination of the agreement without the landlord’s written permission, the landlord may recover possession of the premises in the manner provided for by the law.

Legal Expenses

This section states that should the tenant breach this agreement, the landlord shall be indemnified by the tenant for any reasonable attorneys fees and out-of-pocket costs which in any way relate to, or were precipitated by, the breach of this agreement.

Non-Waiver

This section states that any failure by the landlord to exercise any rights under this agreement shall not constitute a waiver of rights.

Binding Effect

This section states that the agreement shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted assigns of the landlord and the tenant, subject to the requirement specifically mentioned in the agreement. Whenever used, the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders.

Assignment and Subletting

This section states that the tenant shall not assign this agreement, or sub-let or grant any license to use the premises or any part thereof without the prior written consent of the landlord. Consent by the landlord to one such assignment, sub-letting, or license shall not be deemed to consent to any subsequent assignment, sub-letting, or license. An assignment, sub-letting, or license by operation of law shall be absolutely null and void and shall, at the landlord's option, terminate this agreement.

Amendment of Agreement

This section states that any amendment or modification of this agreement or additional obligation assumed by either party in connection with this agreement will only be binding if evidenced in writing and signed by the parties.

Entire Agreement

This section states that this agreement will constitute the entire agreement between the landlord and the tenant. Any prior understanding or representation of any kind preceding the date of this agreement will not be binding on either party except to the extent incorporated in this agreement.

Severability

This section states that in the event of any conflicts arising between any provision of this agreement and the applicable legislation of the State of New York, the act will prevail and such provisions of the agreement will be amended or deleted as necessary in order to comply with the act. Further, any provisions that are required by the act are incorporated into this agreement. In the event any of the provisions of this agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid and unenforceable parts had not been included in this agreement.

Governing Law

This section states that it is the intention of the parties to this agreement that any and all suits that may be commenced by virtue of this agreement be construed in accordance with and governed by the laws of the State of New York, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Landlord Signature

By signing, the landlord hereby indicates that he or she has read and agreed with the terms and conditions of this agreement in its entirety on the day first written above.

Affix the landlord’s signature.

Date

Enter the date the landlord signed the form.

Tenant Signature

By signing, the tenant hereby indicates that he or she has read and agreed with the terms and conditions of this agreement in its entirety on the day first written above.

Affix the tenant’s signature.

Date

Enter the date the tenant signed the form.

Frequently Asked Questions About aNew York Month-to-Month Lease Agreement

Are month-to-month leases legal in New York?

Yes, month-to-month leases are legal in New York. A month-to-month lease is a rental agreement that renews on a monthly basis. This type of lease gives the tenant more flexibility than a traditional year-long lease, as the tenant can choose to move out with only 30 days' notice. However, month-to-month leases also typically come with higher rent prices.

These documents must include the conditions and rules of the property that the tenant agreed to, as well as the amount of rent that is due each month. The landlord must provide the tenant with a copy of the lease agreement within 30 days of signing. If the landlord does not do this, the tenant may terminate the lease agreement.

In New York, there is no standard lease agreement form that landlords must use. However, all leases must comply with state laws, which include laws regarding rent prices, security deposits, and eviction procedures. Landlords who do not follow these laws can be fined or sued by their tenants.

If you are considering signing a month-to-month lease in New York, make sure you understand your rights and responsibilities under state law. You should also carefully read the lease agreement before signing it, to make sure you agree with all the terms and conditions.

Do you have to give a 30-day notice on a month-to-month lease in NYC?

Yes, you are required to give your landlord a 30-day notice if you wish to terminate your month-to-month lease in NYC. This notice must be in writing, and you should keep a copy for your records. Be sure to include the date of your intended move-out in the notice. Your landlord may try to charge you a fee for breaking your lease early, so be prepared to negotiate or dispute this charge if necessary.

Avoid any confusion by being clear and concise in your notice, and providing your landlord with as much notice as possible. This will give them time to find a new tenant and avoid any financial losses. It will also give you time to find a new place to live. Breaking a lease is not an ideal situation, but it can be done if you follow the proper steps and procedures.

It is always best to try and work things out with your landlord first, before taking any legal action. They may be willing to let you out of your lease if you have a good reason for needing to move. If not, then you can proceed with giving them the required notice and moving out at the end of your lease period.

How much notice does a landlord have to give to move out in NY?

In New York, landlords must provide their tenants with at least 30 days' notice to move out. This notice can be given for any reason, but the most common reasons are either because the landlord wants to move into the unit themselves or because they want to renovate the unit and need the tenant to move out during that time. If the landlord does not give the tenant enough notice, the tenant may be able to sue for damages.

In many cases, landlords will try to work with their tenants to find a new place to live before they have to move out. If the tenant is unable to find a new place to live within 30 days, the landlord may be willing to extend the notice period. However, the landlord is not required to do this and it is ultimately up to them.

If you are a tenant who has been given the notice to move out by your landlord, it is important to act quickly. Start by looking for new places to live and make sure to give your landlord your new address so they can forward your mail. You should also start packing up your belongings and make arrangements for moving them to your new home. Lastly, be sure to clean the unit before you leave so that you can get your security deposit back.

What can a landlord not do?

There are several things that landlords cannot do in relation to their tenants:

• Landlords cannot discriminate — No matter a tenant's race, creed, color, national origin, religion, sex, familial status, or disability, landlords cannot discriminate against them. This includes both refusing to rent to someone based on any of these protected characteristics and making different terms available to different tenants based on them. Moreover, landlords cannot advertise their property in a way that indicates any discriminatory preference.
• Landlords cannot retaliatorily evict — If a tenant reports a landlord for violating health and safety codes, the landlord cannot evict them in retaliation. This also includes reporting the landlord to a governmental authority or participating in a tenants' rights organization. There are a few exceptions to this rule, however, such as if the tenant is behind on rent or otherwise in violation of their lease agreement.
• Landlords cannot evict without cause — In most states, landlords can only evict a tenant for a specific reason, such as failure to pay rent, damage to the property, or violating the terms of the lease agreement. Landlords cannot simply evict a tenant because they feel like it or because they want to raise the rent.
• Landlords cannot change the locks — Landlords cannot change the locks on a tenant's door without their permission, even if the tenant is behind on rent. This is considered an illegal eviction and could result in serious penalties for the landlord.
• Landlords cannot shut off utilities — Landlords also cannot shut off a tenant's utilities, even if the tenant is behind on rent. This is also considered an illegal eviction and could result in serious penalties for the landlord.
• Landlords cannot enter without notice — In most states, landlords must give tenants advance notice before entering their rental units. This notice is typically 24 hours, but it may be more or less depending on the state. The only exception to this rule is in the case of an emergency, such as a fire or flood.
• Landlords cannot remove a tenant's belongings — Landlords also cannot remove a tenant's belongings from their rental unit, even if the tenant is behind on rent. This is considered an illegal eviction and could result in serious penalties for the landlord.

As you can see, there are several things that landlords cannot do in relation to their tenants. If you believe that your landlord has violated any of these rights, you should contact an experienced attorney who can help you protect your rights.

Can a landlord refuse to renew a lease in NY?

Yes, a landlord can refuse to renew a lease in NY. However, the landlord must have a valid reason for doing so and must provide written notice to the tenant at least 30 days before the expiration of the lease. If the landlord does not have a valid reason for refusing to renew the lease or does not provide proper notice, the tenant may be able to file a complaint with the New York State Division of Housing and Community Renewal. Additionally, if you have a disability and your landlord is refusing to renew your lease because of your disability, you may be protected under the federal Fair Housing Act. If you believe you have been discriminated against, you should contact the U.S. Department of Housing and Urban Development or an attorney specializing in fair housing law.

Can you evict a tenant without a lease in NY?

No, you cannot evict a tenant without a lease in NY. A lease is a binding agreement between a landlord and tenant that outlines the terms of the tenancy, including the length of the lease term and the rent amount. Without a lease, a tenant has no legal obligation to pay rent or to vacate the rental unit at the end of the lease term. If you try to evict a tenant without a lease, you may be subject to legal action.

The way to evict a tenant without a lease in NY is to give them a Notice to Quit. This notice must be served on the tenant in person, by certified mail, or by posting on the rental unit door. The notice must state the reason for the eviction, such as non-payment of rent or lease violations. The tenant then has a certain amount of time to remedy the situation or vacate the rental unit. If they do not comply, you can then file an eviction lawsuit with the court.

When can a landlord evict a tenant in NY?

The landlord can evict a tenant in NY for several reasons:

• The tenant has not paid rent.
• The tenant has damaged the property.
• The tenant has behaved in a disruptive or dangerous manner.
• The tenant has violated the terms of the lease.

If the landlord believes that any of these reasons apply, they can begin the eviction process by giving the tenant a written notice. The tenant then has a certain amount of time to cure the issue or move out voluntarily. If the tenant does neither, the landlord can file for eviction with the court.

During the eviction process, the court will hold a hearing to determine whether or not the landlord has grounds for eviction. If the court finds in favor of the landlord, the tenant will be ordered to vacate the premises. The landlord can then physically remove the tenant from the property if necessary.

Can a landlord charge you for cleaning after you move out?

A landlord may charge a reasonable cleaning fee after a tenant moves out, as long as the fee is specified in the lease agreement. However, the landlord must provide the tenant with an itemized list of damages and cleaning costs before charging any fees. If the landlord does not have a specified cleaning fee in the lease agreement, they may only charge the tenant for actual damages incurred.

How much notice does a landlord have to give if not renewing the lease in NY?

A landlord in New York must give a tenant at least 30 days' notice if the landlord does not intend to renew the lease. This notice can be given either in person or in writing. If the notice is given in writing, it must be either hand-delivered to the tenant or sent by certified mail. If the notice is sent by certified mail, the landlord must also provide the tenant with a copy of the notice by regular mail.

What is a month-to-month contract?

A month-to-month contract is a type of agreement where the terms and conditions are only valid for one month. This means that after the initial 30 days, the contract can be renewed on a monthly basis. This type of contract is common in business agreements and leases.

In leases, a month-to-month contract allows either the tenant or landlord to give the notice to end the lease at any time, as long as the notice is given in accordance with the terms of the agreement. This type of flexibility can be beneficial for those who may need to move unexpectedly or are uncertain about their future plans.

In business agreements, a month-to-month contract can be used when two companies are working together on a project with an undefined end date. This type of contract can also be beneficial for companies that are testing out a new product or service and want the ability to cancel the agreement without penalty if it is not working out.

While month-to-month contracts can be beneficial in some situations, they also come with some risks. One of the biggest risks is that the terms of the agreement can change at any time, which can be disruptive for both parties. Additionally, month-to-month contracts often have higher monthly fees than long-term contracts.

If you're considering entering into a month-to-month contract, it's important to weigh the pros and cons to decide if this type of agreement is right for you.

Can I be evicted if I don't have a tenancy agreement?

The answer to this question depends on your individual circumstances. If you have an oral agreement, for example, you may be able to stay in your home until the landlord gives you notice to leave. However, if your tenancy agreement is in writing and you have breached one of its terms, your landlord may be able to evict you without giving you any notice. You should check your tenancy agreement to see what it says about eviction. If you are unsure about your rights or obligations, you should seek legal advice.

Can a landlord inspect your bedroom?

A landlord cannot inspect your bedroom without your consent unless there is a reason to believe that there is a health or safety hazard present. If you have concerns about your landlord entering your bedroom, you can discuss these concerns with them and try to come to an agreement about when and how often they will be allowed to enter.

During emergencies, like a fire or gas leak, your landlord may need to enter your unit without your consent.

It’s important to have a good relationship with your landlord so that you can feel comfortable discussing concerns like this with them. If you don’t feel like you can talk to your landlord about these issues, you may want to consider finding a new place to live.

Can a landlord terminate a lease early?

Yes, a landlord can terminate a lease early for a number of reasons. Typically, the landlord must give the tenant written notice of the termination and the reason for the termination. Some common reasons for terminating a lease early include:

• The tenant has not paid rent
• The tenant has caused damage to the property
• The tenant has been disruptive or disorderly
• The tenant has violated the terms of the lease agreement

If you are a landlord who is considering terminating a lease early, it is important to consult with an experienced attorney to ensure that you are taking the proper steps and that your actions are in compliance with state and local laws.

What happens if tenants don't leave?

If your tenants don't leave, you may have to go through the eviction process. This can be a long and costly process, so it's always best to try to work something out with your tenants first. If you do have to evict them, make sure you follow all the legal steps correctly or you could end up in hot water yourself.

The first step is usually to give them a notice to vacate. This gives them a certain amount of time to leave the property, usually around 30 days. If they still don't leave, you can then file for eviction with the court. Once the eviction is granted, law enforcement will come and remove the tenants from the property.

Evictions can be a stressful and costly process, so it's always best to try to avoid them if possible. If you do have to go through with one, make sure you know all the legal steps involved so that everything goes smoothly.

Related Articles:

• Month-to-Month Tenancy
• New York Notice Requirements to Terminate a Month-to-Month Tenancy
• Eviction – when can a landlord cancel a lease?