N.Y. Real Property Law Section 228
Termination of tenancies at will or by sufferance, by notice

A tenancy at will or by sufferance, however created, may be terminated by a written notice of not less than thirty days given in behalf of the landlord, to the tenant, requiring him to remove from the premises; which notice must be served, either by delivering to the tenant or to a person of suitable age and discretion, residing upon the premises, or if neither the tenant nor such a person can be found, by affixing it upon a conspicuous part of the premises, where it may be conveniently read. At the expiration of thirty days after the service of such notice, the landlord may re-enter, maintain an action to recover possession, or proceed, in the manner prescribed by law, to remove the tenant, without further or other notice to quit.

Source: Section 228 — Termination of tenancies at will or by sufferance, by notice, https://www.­nysenate.­gov/legislation/laws/RPP/228 (updated Sep. 22, 2014; accessed Jan. 4, 2025).

220
Action for use and occupation 221
Rent due on life leases recoverable 222
When rent is apportionable 223
Rights where property or lease is transferred 223‑A
Remedies of lessee when possession is not delivered 223‑B
Retaliation by landlord against tenant 224
Attornment by tenant 225
Notice of action adverse to possession of tenant 226
Effect of renewal on sub-lease 226‑A
Effect of new lease on tenant’s right to remove fixtures or improvements 226‑B
Right to sublease or assign 226‑C
Notice of rent increase or non-renewal of residential tenancy 227
When tenant may surrender premises 227‑A
Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering... 227‑B
Termination of certain contracts by senior citizens 227‑C
Termination of residential lease by victims of domestic violence 227‑D
Discrimination based on domestic violence status 227‑E
Landlord duty to mitigate damages 227‑F
Denial on the basis of involvement in prior disputes prohibited 228
Termination of tenancies at will or by sufferance, by notice 229
Liability of tenant holding over after giving notice of intention to quit 230
Right of tenants to form, join or participate in tenants’ groups 231
Lease, when void 231‑A
Sprinkler system notice in residential leases 231‑B
Flood history and risk notice in residential leases 231‑C
Good cause eviction law notice 232
Duration of certain agreements in New York 232‑A
Notice to terminate monthly tenancy or tenancy from month to month in the city of New York 232‑B
Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York 232‑C
Holding over by a tenant after expiration of a term longer than one month 233
Manufactured home parks 233‑A
Sale of manufactured home parks 233‑B
Manufactured home parks 233‑B*2
Campgrounds 233‑C
Residential ground lease cooperative apartment buildings 234
Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property 234‑A
Unauthorized legal fees 235
Wilful violations 235‑A
Tenant right to offset payments and entitlement to damages in certain cases 235‑B
Warranty of habitability 235‑BB
Certificates of occupancy 235‑C
Unconscionable lease or clause 235‑D
Harassment 235‑E
Duty to provide a written receipt 235‑F
Unlawful restrictions on occupancy 235‑G
Electronic billing and/or payment of rent 235‑H
Waiver of right to bring a declaratory judgment action 235‑I
Unreasonable tenant fees for reproductions of keys 235‑J
Duty to inform of bed bug infestation 236
Assignment of lease of a deceased tenant 236‑A
Termination of lease of a deceased tenant 237
Discrimination in leases with respect to bearing of children 237‑A
Discrimination against children in dwelling houses and manufactured home parks 238
Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies 238‑A
Limitation on fees
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Accessed:
Jan. 4, 2025

Last modified:
Sep. 22, 2014

§ 228’s source at nysenate​.gov

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