Is a 10-day notice sufficient to evict a month-to-month tenant in New York?
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If someone is in a month-to-month agreement, it means that the agreement to stay for that month renews each month. There is no written lease. This also means that either the landlord or tenant can end the tenancy with written notice, for any reason, with no explanation required in the notice.
But it is not a 10-day notice—that is only for situations involving unpaid rent.
The amount of notice required depends on how long they have lived there (NY RPL 226-c(2)):
- If the guest has occupied the property for less than 1 year, the landlord must provide at least 30 days' notice.
- For 1 to 2 years: 60 days' notice
- Over 2 years: 90 days' notice
This is the notice form needed: Landlord’s Notice to Terminate Month-to-Month Tenancy (NY Courts)
So you must give him a 30-day notice here. If he does not leave within those 30 days, after that time is up, you can proceed to file a court eviction like any other eviction case in Housing Court.
Unfortunately, a formal eviction will be required if he will not leave. If he does leave, then great—that’s the end of it.
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Good morning. I completed an eviction notice online, but reading it today it does not seem to fit my situation. We have had a guest in our house since Dec. 22nd, and I asked him to leave back in April, but he is still at my house. We let him stay as he had no place to go and is a friend of my son’s. Bottom line—I want him out. He has done several things like smoking in the bedroom, putting butts on the ground and not picking them up. I could go on and on. My anxiety is high. We do not charge him rent. I was hoping that he would get it together, but he has not—he just stopped working. I live in New York State.
I understand this situation must be causing you a lot of stress. Have you served any formal written notice to the guest asking them to leave your property?
No written notice, that is what I did online last night, but it says something about rent. Here is a copy of what was sent to me:
10-DAY NOTICE TO QUIT
5/12/2025
Mexico, Oswego, New York 13114
PLEASE TAKE NOTICE that the owner or landlord does hereby elect to declare terminated your occupancy/possession of the herein described premises in TEN (10) days. Furthermore, if you do not quit and vacate said premises WITHIN TEN (10) days after service on you of this NOTICE, the owner or landlord will commence summary proceedings...
Has the guest shown any signs of willingness to leave voluntarily after you asked him to go back in April?
No, we never charged him. I was trying to help him out as he was homeless due to a situation.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction notice.
No, I don't think so.
Hello! I'm delighted that you've chosen to contact AskaLawyer for assistance. My name is Jon, and I'm here to assist you as an attorney.
This is in New York and no rent money is due from him?
Correct, we never charged him rent.
And how long has he been there for in total now?
Since Dec 22nd, so almost 5 months.
Understood! I think I have all the information I need. Is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.
No, I just need to know if I used the right form online for the notice.
If someone is in a month-to-month agreement, it means that the agreement to stay for that month renews each month. There is no written lease. This also means that either the landlord or tenant can end the tenancy with written notice, for any reason, with no explanation required in the notice.
But it is not a 10-day notice—that is only for situations involving unpaid rent.
The amount of notice required depends on how long they have lived there (NY RPL 226-c(2)):
- If the guest has occupied the property for less than 1 year, the landlord must provide at least 30 days' notice.
- For 1 to 2 years: 60 days' notice
- Over 2 years: 90 days' notice
This is the notice form needed: Landlord’s Notice to Terminate Month-to-Month Tenancy (NY Courts)
So you must give him a 30-day notice here. If he does not leave within those 30 days, after that time is up, you can proceed to file a court eviction like any other eviction case in Housing Court.
Unfortunately, a formal eviction will be required if he will not leave. If he does leave, then great—that’s the end of it.
I would strongly suggest that you hire a local lawyer to help if you’re not familiar with the eviction or court process. It involves paperwork and court appearances.
Finding a highly-rated local lawyer is easy! You can check out lawyer review sites like Avvo.com and search by your location. If you're on a tight budget, search Google for a county legal aid office near you—they may provide free legal assistance.
Okay, thank you.
Great! I'm so glad I could assist you with your question. It was a pleasure working with you.
