Can a Landlord Raise the Rent on a Month-to-Month Tenant in New York?

Can You Raise the Rent if the Tenant Has No Written Lease?

Generally, yes.

Many residential tenants in New York occupy apartments under oral month-to-month rental agreements. Some never signed a written lease. Others originally had a written lease that expired years ago, but they continued paying rent with the landlord's consent.

The absence of a written lease does not prevent a landlord from proposing a rent increase.

For example, suppose a landlord in Suffolk County has a tenant who has occupied an apartment for five years, paying $1,800 per month without a written lease. The landlord believes the rent is below market value and wants to increase it to $2,100.

The landlord may propose that increase, but must first determine what notice is required and whether any rent regulation or Good Cause Eviction protection applies.

The landlord should not assume that sending a letter automatically establishes the higher rent.

How Much Notice Must a New York Landlord Give Before Raising the Rent?

Under New York Real Property Law § 226-c, landlords generally must provide advance written notice when proposing a residential rent increase of 5% or more.

The required notice depends on how long the tenant has occupied the apartment or the applicable lease term, whichever provides the longer notice period.

For example, if a tenant has occupied an apartment for six years and the landlord proposes increasing the monthly rent from $1,800 to $2,100, the landlord generally must provide at least 90 days' written notice.

If the required notice is not timely provided, the existing tenancy terms continue during the statutory notice period.

Importantly, the 30-, 60-, and 90-day requirements also apply to a landlord's decision not to renew a residential tenancy. A landlord should not assume that an increase of less than 5% eliminates every possible notice requirement.

Does a Tenant Have to Agree to a Rent Increase?

A landlord can propose a rent increase, but that does not necessarily mean the tenant has agreed to pay it.

The distinction is especially important with oral month-to-month tenancies.

Suppose the landlord tells the tenant that the rent will increase from $1,800 to $2,100 beginning January 1. The tenant responds that the increase is unacceptable and continues paying $1,800.

Whether the landlord can enforce the higher amount depends on the circumstances, including the existing rental agreement, the notices provided, the tenant's conduct, and applicable law.

A landlord should not automatically treat the $300 difference as unpaid rent merely because the date stated in the notice has passed.

A carefully prepared written agreement or other legally effective modification can help avoid disputes about the amount of rent actually owed.

What Happens if a Month-to-Month Tenant Refuses the Increase?

This is where landlords need to be particularly careful.

In some circumstances, the landlord may be able to terminate the existing month-to-month tenancy and pursue a holdover eviction proceeding if the tenant remains in possession.

However, whether that option is available depends heavily on whether the apartment is covered by Good Cause Eviction or another form of tenant protection.

For a residential tenancy not protected by Good Cause Eviction or other restrictions on termination, the landlord may generally pursue termination after complying with the applicable notice and procedural requirements.

For a covered Good Cause Eviction apartment, the landlord generally must establish a legally recognized reason for recovering possession.

A tenant's refusal to pay a proposed increase does not automatically establish that reason.

In either situation, the landlord must use the appropriate legal process. A landlord cannot simply change the locks, remove the tenant's belongings, or otherwise force the tenant to leave without lawful authority.

How Does New York's Good Cause Eviction Law Affect Rent Increases?

New York's Good Cause Eviction Law, enacted in 2024, provides additional protections for certain residential tenants.

The law applies in New York City and in municipalities outside New York City that have adopted it. Certain properties and tenancies are exempt.

For apartments covered by Good Cause Eviction, the law restricts a landlord's ability to remove a tenant without a recognized legal ground. It also establishes standards for determining whether a proposed rent increase is unreasonable.

Generally, a rent increase above the lower of 5% plus the applicable annual inflation adjustment, or 10%, is presumed unreasonable. This is a legal presumption, not an absolute rent cap.

A landlord seeking a higher increase may be able to justify it based on relevant circumstances, including property taxes, insurance, utilities, maintenance expenses, and qualifying improvements. The court must consider the statutory factors.

Landlords should verify the current published local rent standard rather than relying on an outdated percentage.

Can a Tenant Be Evicted for Refusing a Reasonable Rent Increase Under Good Cause Eviction?

Real Property Law § 216(1)(j) recognizes a potential ground for eviction when a tenant refuses reasonable changes to a lease at renewal, including a reasonable rent increase.

However, the statute contains specific requirements regarding the proposed changes and the timing of written notice.

The application of this provision to a tenant occupying an apartment under an oral month-to-month arrangement, rather than an expiring written lease, requires particular care.

A landlord should not assume that offering a reasonable increase and receiving a refusal automatically establishes good cause for eviction.

The circumstances of the tenancy, the form of the renewal offer, the statutory notice requirements, and the applicable judicial interpretation must all be considered.

Do the Same Rules Apply in Nassau and Suffolk Counties?

New York's statewide rent-increase notice requirements apply to residential landlords in Nassau and Suffolk Counties.

However, landlords must also determine whether additional protections apply to the particular property.

Good Cause Eviction does not automatically cover every apartment on Long Island merely because the law exists statewide. Outside New York City, coverage generally depends on whether the municipality has adopted the law and whether the particular unit qualifies.

A landlord in Ronkonkoma, Hempstead, Huntington, or another Long Island community should verify the applicable local law before assuming that a tenancy can be terminated without good cause.

The property's location, ownership structure, number of units, and other statutory exemptions may affect the analysis.

Can a Landlord Simply Email a Rent Increase Notice?

A landlord can communicate a proposed rent increase by email, and an email may be useful when negotiating new rental terms.

However, an informal email proposing a new rent should not automatically be treated as satisfying every statutory notice or service requirement.

A landlord should distinguish between a proposal asking the tenant to agree to a new rental amount, a formal notice required by New York law, and a notice terminating an existing tenancy. These documents may serve different legal purposes.

Where formal notice is required, the landlord should ensure that its contents, timing, delivery, and proof of service comply with applicable law.

What Should a Landlord Do Before Increasing the Rent?

Before notifying a tenant of an increase, a landlord should review the tenancy and confirm the legal requirements.

Important considerations include the length of the tenancy, the existing rental agreement, the proposed percentage increase, whether the property is rent-regulated or covered by Good Cause Eviction, and whether a particular statutory disclosure is required.

It is also important to decide in advance what the landlord intends to do if the tenant rejects the proposal.

An improperly prepared notice can create unnecessary delays, particularly if the landlord later needs to commence an eviction proceeding.

Frequently Asked Questions

Legal Sources

• →Real Property Law § 226-c — 30-, 60-, and 90-day notice requirements; 5% threshold
• →Real Property Law § 231-c — Mandatory Good Cause notices and disclosure requirements
• →Real Property Law § 216 — Grounds for eviction, including reasonable lease-renewal changes
• →NY Attorney General's Good Cause Guide — Accessible official explanation of the law