Notice to Terminate Month-to Month Tenancy
(Commercial Tenancy) (NY - Outside New York City)

Summary

This Notice to Terminate Month-to-Month Tenancy may be used by a landlord outside of New York City to notify a month-to-month tenant in commercial premises that the landlord is terminating the tenancy. This template includes practical guidance and drafting notes. For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. This template should only be used to terminate a commercial tenancy outside of New York City. It should not be used to terminate a residential tenancy. Pursuant to NY CLS Real P § 232-b, a landlord may not terminate a commercial month-to-month tenancy without first providing the tenant with at least one month's notice. Note that a statutory recent amendment (effective October 12, 2019) limits the landlord's termination right pursuant NY CLS Real P § 232-b to commercial tenancies. (NY CLS Real P § 226-c addresses requirements for notifying a month-to-month residential tenant that its lease will not be renewed.) Although the statute does not require that the notice be written, the notice must still be timely, definite and unequivocal, and a written notice is preferable although not mandatory. 28 Mott Street Co. v Summit Import Corp., 316 N.Y.S.2d 259 (N.Y. Civ. Ct. 1970). Thus the notice should specify the date by which the tenant must vacate. See id. The statute does not specify how a written notice must be given and notice by mail has been found sufficient. Boland v Beebe, 62 N.Y.S.2d 8 (N.Y. Mun. Ct. 1946). For a template for use in New York City see Notice to Terminate Month-to Month Tenancy (New York City).