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Renting · New York City

Did my landlord give enough notice of a rent increase?

Find out whether a New York landlord gave the 30, 60 or 90 days’ written notice required for a rent increase of 5% or more or a non-renewal.

Updated October 12, 2026 · fact-checked against official sources

Required written notice
90 days
Notice was late. You got it 56 days before your lease ends; at least 90 were required. Your current terms, including your current rent, continue until Dec 4, 2026.

Why 90 days: You will have lived there two years or more.

Increase$300/mo (10.0%)
Latest on-time notice dateAug 2, 2026
Notice you receivedSep 5, 2026
Earliest date the new rent can applyDec 4, 2026
Rent at the old rate for 33 extra days (approx.)$325

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.

How the check works

If your landlord wants to raise the rent by 5% or more at renewal, or does not plan to renew at all, New York Real Property Law §226-c says you must get written notice in advance. How far in advance depends on how long you have lived there or how long your lease is, whichever is longer.

The checker first works out the increase: (new rent − current rent) ÷ current rent. Under 5%, the §226-c notice rule does not apply. At 5% or more, it picks the notice period from the table below, subtracts it from your lease end date to get the last on-time notice date, and compares that with the date you actually got written notice.

Notice required under RPL §226-c
Your situation (longer of occupancy or lease term)Minimum notice
Under 1 year in the unit and a lease under 1 year30 days
1 to 2 years in the unit, or a lease of 1 to 2 years60 days
More than 2 years in the unit, or a lease of 2 years or more90 days
Source: NY Real Property Law §226-c

Worked example

You moved in on November 1, 2024. Your second one-year lease ends October 31, 2026, at $3,000 a month. On September 5, 2026, the landlord offers a renewal at $3,300, a 10% increase, so notice is required. By the end of this lease you will have lived there two years, so the period is 90 days. Ninety days before October 31 is August 2, 2026, so the notice came about a month late.

You keep paying $3,000 until the 90 days from September 5 run out, which is December 4, 2026. The new rent can start then instead of November 1. That is roughly 33 extra days at the old rate, about $325 less than the landlord asked for.

Edge cases

  • Exactly one or two years. The statute talks about "less than" and "more than" one and two years. We count the time you will have lived there by the end of the current lease and treat reaching the mark as crossing it, which gives the longer period. Ask the landlord or a lawyer if a few days decide your tier.
  • Rent-stabilized and rent-controlled apartments have their own renewal rules. Use the rent-stabilized renewal calculator and read rent-stabilized renewal leases.
  • Co-op shareholders who own their unit are generally excluded from this notice rule.
  • Good Cause Eviction. In the current version of §226-c, the notice must include or attach the Good Cause Eviction notice. If your apartment is covered by Good Cause, a large increase may also be presumed unreasonable. Check it with the Good Cause rent increase checker.

What to do next

Keep the notice and the envelope or email showing when it arrived. If it was late, tell the landlord in writing that you will pay the current rent until the notice period ends. If the increase is on time but steep, read how to negotiate a market-rate renewal and the broader guide to rent increase notice in New York.

Common questions

How much notice does a New York landlord need to give for a rent increase?

For an increase of 5% or more (or a non-renewal), Real Property Law §226-c requires written notice of at least 30 days if you have lived there under a year and your lease is under a year, 60 days if one to two years, and 90 days if more than two years or your lease is at least two years.

What if the increase is less than 5%?

Section 226-c only requires the advance notice when the increase is 5% or more, or the landlord does not plan to renew. Your lease may still require notice, and other laws can apply.

What happens if my landlord gives late notice?

Your tenancy continues under the existing terms, including the old rent, from the date you got written notice until the required notice period has run. After that, the new terms can apply.

Does this apply to rent-stabilized apartments?

Rent-stabilized renewals follow their own rules and the Rent Guidelines Board increases. This checker is for market-rate (unregulated) apartments. Use the rent-stabilized renewal calculator instead.

Does the notice need to mention Good Cause Eviction?

Yes, in the current version of §226-c (effective August 18, 2024) the notice must include or attach the Good Cause Eviction notice under §231-c. HPD lists rent increases over 5% among the events that require it.

Fact-checked October 12, 2026

Re-verified 2026-10-12 against RPL §226-c on nysenate.gov (version eff. 2024-08-18 to 2034-06-15): 5% threshold, 30/60/90-day tiers on the longer of occupancy or lease term, tenancy continues on existing terms from actual written notice until the period expires, co-op shareholder exclusion (not PHFL art. 2/4/5/11 co-ops), §231-c notice attachment; HPD Good Cause page confirms. Math hand-tested: worked example (deadline Aug 2, new rent from Dec 4, 33 days, ~$325) and a 60-day case (lease ending Feb 28 2027, notice Jan 15 -> new terms Mar 16, 15 extra days). Day counting and occupancy measurement are Roofy assumptions stated in the tool. Fixed: a blank proposed rent now prompts for input instead of showing a -100% increase.

Sources

  1. NY Real Property Law §226-c (notice of rent increase or non-renewal) · New York State Senate (accessed October 12, 2026)
  2. Good Cause Eviction · NYC Department of Housing Preservation and Development (accessed October 12, 2026)

General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.