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New York Notice to Tenants of Intent to Sell

In New York, Real Property Law Section 226-c requires written notice of 30, 60, or 90 days before ending a tenancy or raising rent based on how long the tenant has lived in the home, so a landlord selling an occupied unit must plan around those tiers. This 2026 guide uses AI to generate a compliant Notice to Tenants of Intent to Sell, with attorney-review available before you serve it.

Introduction

In New York, selling a property and protecting a tenant's right to stay go hand in hand, and the law is specific about how it works. The core rule is that a sale cannot suddenly upend a tenant's housing. New York Real Property Law (RPL) Section 226-c sets a tiered system of written notice periods for any landlord action that ends a tenancy or sharply raises the rent. How much notice you owe depends on how long the tenant has lived there: 30, 60, or 90 days. So if you are selling a tenant-occupied property in New York, you have to work through the process and follow these notice rules closely.

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Key Things to Know

  1. 1

    In New York, transferring title does not cancel a valid fixed-term lease. The lease continues, and the buyer steps into the shoes of the old landlord and takes on those obligations.

  2. 2

    New York General Obligations Law Section 7-105 requires that when the property is sold, the tenant's security deposit be transferred to the new owner, or else returned to the tenant, with proper notice given.

  3. 3

    New York does not provide a standard, official form for telling tenants about a sale. So landlords have to write their own complete notice and pay close attention to local rules, especially in New York City or places with 'Good Cause' eviction laws.

  4. 4

    You can enter to show the home to buyers, but it has to be reasonable. In practice that usually means giving written notice at least 24 hours ahead and scheduling showings during normal business hours.

  5. 5

    The protections in RPL Section 226-c apply to month-to-month tenants too. They get the same 30, 60, or 90-day notice periods for termination, based on how long they have lived there in total.

  6. 6

    The controlling law for ending a tenancy during a sale is New York's Real Property Law Section 226-c. It does not treat a sale differently from any other non-renewal, so the tiered timeframes always apply.

  7. 7

    The notice period is tied directly to how long the tenant has lived there: 30 days for tenancies under one year, 60 days for tenancies of one to two years, and 90 days for tenancies over two years.

Key decisions before you file

Before you file a Notice to Tenants of Intent to Sell in New York, a few decisions shape the document: which option to choose and what each one means. The Notice to Tenants of Intent to Sell guide walks through them.

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New York Requirements for Notice to Tenants of Intent to Sell

  • RPL § 226-c Tiered Notice Period

    For any tenancy termination or substantial rent increase (5%+) related to a sale, provide 30, 60, or 90 days' written notice based on the tenant's continuous length of occupancy.

  • Written Notice and Proof of Service

    The notice must be in writing. Landlords must create and retain proof of service, such as a signed acknowledgment or a certified mail receipt, to validate the notice period.

  • Lease Continuity After Sale

    A fixed-term lease survives the sale. The buyer becomes the new landlord and is bound by all original lease terms until the lease expires.

  • Security Deposit Transfer Protocol

    Under NY GOL § 7-105, the landlord must either transfer the tenant's security deposit to the new owner or return it to the tenant upon the sale of the property.

  • Reasonable Access for Showings

    Provide reasonable advance written notice, typically 24 hours, before entering the unit to show it to prospective buyers, and conduct showings at reasonable hours.

  • Local Ordinance Compliance Check

    Verify and comply with all local housing regulations, including specific rules in New York City or municipalities with 'Good Cause' eviction laws, which may offer tenants extra protection.

  • Absence of Official State Form

    New York State does not provide a mandatory official form for this notice, so landlords must use a clear, comprehensive written document that meets all legal requirements.

  • Primary Source Verification

    Before serving notice, re-confirm the current text of Real Property Law § 226-c and other relevant statutes from a primary government source, as laws can change.

Frequently Asked Questions