How much notice for a rent increase in New York?
NY landlords must give 30, 60 or 90 days written notice before a rent increase of 5% or more or a non-renewal. See the RPL 226-c rules and late notice.
6 min read · Updated
In New York, a landlord who wants to raise your rent by 5% or more at renewal, or not renew your lease at all, must give you written notice 30, 60 or 90 days ahead, depending on how long you have lived there or how long your lease is. If the notice comes late, you keep your current rent and terms until the full notice period has run from the day you actually got it.
At a glance
- Law
- Real Property Law § 226-c
- Applies to
- Increases of 5% or more, and non-renewals
- At renewal of a residential tenancy
- Less than 1 year
- 30 days
- And no lease of at least 1 year
- More than 1 year, under 2
- 60 days
- Or a lease of at least 1 year
- More than 2 years
- 90 days
- Or a lease of at least 2 years
- Late notice
- Old terms continue
- Until the full period runs from the date of actual notice
The notice periods
RPL § 226-c sets the minimum notice based on the longer of two things: how long you have lived in the apartment in total, or the length of your current lease. Count your whole time in the unit, not just the current lease.
| Your situation | Minimum notice |
|---|---|
| Lived there less than 1 year, and no lease of at least 1 year | 30 days |
| Lived there more than 1 year but less than 2, or a lease of at least 1 year but less than 2 | 60 days |
| Lived there more than 2 years, or a lease of at least 2 years | 90 days |
What triggers the notice
The notice is required in two situations:
- Renewal with an increase of 5% or more. The law looks at the increase above your current rent. A $2,500 rent going to $2,625 is exactly 5%, so notice is required. Going to $2,600 is 4%, so § 226-c does not require it (your lease or another law still might).
- Non-renewal. If the landlord does not plan to renew your lease at all, the same 30/60/90-day notice is required.
The notice must be in writing; a verbal mention at the door is not enough. Keep the notice and note the date you received it.
What happens if the notice is late or missing
The statute’s remedy is simple: if the landlord does not give timely notice, your tenancy continues under its existing terms from the date the landlord actually gave written notice until the required notice period has expired. That applies even if your lease says something different.
Worked example: notice arrives late
You have lived in the apartment for three years, so you are owed 90 days. Your lease ends December 31. The landlord hands you a renewal offer with a 7% increase on November 15, only 46 days before the lease ends.
- Ninety days from November 15 is February 13.
- Until February 13, you can stay on your current terms, paying your current rent.
- The higher rent cannot be imposed under the new terms until the 90-day period has run.
If the late notice was a non-renewal instead of an increase, the same rule means you can stay on your current terms until the notice period expires. A landlord still needs a court order to evict anyone.
Check your own dates with the calculator:
Did my landlord give enough notice of a rent increase?
Open full calculator →Why 90 days: You will have lived there two years or more.
Assumptions: occupancy is measured through the end of your current lease, and days are counted as calendar days back from the lease end date. For rent-stabilized apartments use the renewal calculator. If your unit may be covered by Good Cause Eviction, also run the Good Cause rent increase checker. General information, not legal advice.
Who this covers, and who it doesn’t
- Market-rate apartments are covered. The law applies to residential tenancies statewide, not just in New York City.
- Rent-stabilized apartments have their own, stricter renewal process under the Rent Stabilization Code. In NYC the owner must offer a renewal lease 90 to 150 days before your lease ends, on form RTP-8, and the increase is limited by the Rent Guidelines Board. For leases starting October 1, 2026 through September 30, 2027, the RGB guideline is 0% for one- or two-year leases. See rent-stabilized renewal leases.
- Co-op shareholders living in their own units do not get § 226-c notice from their cooperative corporation. Some co-ops formed under certain Private Housing Finance Law programs are not exempt.
Notice is not a cap
Section 226-c controls when a landlord must tell you, not how much rent can rise. For an unregulated apartment, the size of the increase is mainly limited by the Good Cause Eviction law (if your apartment is covered) and by what you and the landlord agree. If your apartment is not covered and the increase is legal, timely notice simply gives you time to negotiate or plan a move.
What to do when you get a rent increase notice
- 1
Write down the date you received it
Your rights turn on the date of actual written notice. Keep the envelope, the email or a photo with a date. - 2
Work out your notice tier
Add up your total time in the unit and compare it with your lease length. Use whichever gives you the longer notice. - 3
Calculate the percentage increase
Divide the new rent by the current rent and subtract 1. At 5% or more, § 226-c applies. The rent increase calculator does the math. - 4
Check whether Good Cause covers you
The notice itself should say. If it doesn’t, read does Good Cause Eviction cover my apartment? - 5
Check whether you might be rent stabilized
Many older NYC buildings with six or more apartments have stabilized units. If yours is one, very different rules apply. Try the rent-stabilized checker. - 6
Respond in writing
If the notice was late, tell the landlord in writing that you will continue on your current terms until the notice period ends. If you want to stay, use the time to negotiate: see how to negotiate a market-rate lease renewal.
This guide is general information, not legal advice. The statute text on the New York State Senate website is the final word, and your lease may give you more notice than the law requires. If you are facing a non-renewal or a court case, contact a tenant lawyer; many NYC tenants qualify for a free one through Right to Counsel.
Re-verified 2026-10-12 against the RPL § 226-C text on nysenate.gov (version effective Aug 18, 2024, which runs until June 15, 2034): trigger (renewal with an increase of 5% or more, or non-renewal), notice tiers (under 1 year: 30 days; more than 1 but under 2 years or a 1-2 year lease: 60 days; more than 2 years or a lease of 2+ years: 90 days, using the longer of occupancy or lease term), the late-notice rule, the co-op shareholder carve-out with its PHFL exception, and the Good Cause § 231-c disclosure including the exemption statement. Aligned tier wording with the statute (“more than” one/two years). Stabilized renewal window from HCR Fact Sheet #4; 0% guideline from RGB Order #58. Worked examples recomputed (Nov 15 + 90 days = Feb 13; $2,625/$2,500 = 5%).
Sources
- New York Real Property Law § 226-C: Notice of rent increase or non-renewal · New York State Senate (accessed October 12, 2026)
- Fact Sheet #4: Lease Renewal in Rent Stabilized Apartments (FS-04, 04/2023) · NYS Homes and Community Renewal (accessed October 12, 2026)
- Order #58: Apartment and loft guidelines for leases commencing Oct 1, 2026 to Sep 30, 2027 · NYC Rent Guidelines Board (accessed October 12, 2026)
General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.