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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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Notice of Property Sale and Your Tenancy Under New York Law

Date: ______________________

To Tenant(s): ________________________________________

Property: __________________________________________________ (Street Address, Unit, City, State, Zip Code)

From Landlord/Owner: ________________________________________

I. Notice of Intent to Sell

This letter is your written notice that the owner of the property above plans to put it up for sale and transfer it to a new owner. Please know that this notice by itself does not change the terms of your current tenancy. Under New York law, selling a property does not automatically end a valid lease. If you have a fixed-term lease, that agreement stays in full effect, and the buyer takes on all landlord duties under it once the sale closes.

II. Your Rights and Your Security Deposit

Your rights as a tenant, including your right to quiet enjoyment of the home, are protected and do not change during the sale. Under New York General Obligations Law Section 7-105, there are strict rules for handling your security deposit. When the sale closes, your deposit will be transferred from the current owner to the new owner. You will get a separate written notice with the name and address of the new owner who now holds your deposit.

III. How Showings and Access Will Work

To sell the property, the owner or their real estate agent will need to bring prospective buyers in to see it. We will do this in a way that respects your tenancy. Our practice is to give reasonable advance written notice, which in legal and industry practice generally means at least 24 hours before any showing. All showings will be scheduled during reasonable hours, usually standard weekday business hours, unless we agree on something else in writing. We appreciate your cooperation, which your lease and state law ask of you.

Contact for Scheduling: ______________________

IV. Notice of Tenancy Termination (If It Applies, Under RPL Section 226-c)

This section only applies if the sale means your tenancy will not be renewed or will be ended. New York Real Property Law Section 226-c sets a minimum amount of advance written notice, based on how long you have lived here in total. The requirements are:

  • Thirty (30) Days' Notice: if you have lived here less than one year.
  • Sixty (60) Days' Notice: if you have lived here one year or more, but less than two years.
  • Ninety (90) Days' Notice: if you have lived here two years or more.

Landlord / Owner Signature: ______________________ Date: __________

Tenant Signature (to confirm receipt only): ______________________ Date: __________ Your signature only confirms that you received this notice. It does not give up any of your legal rights or remedies.

This is a legal document with real consequences, and this information is not a substitute for legal advice. Talking to a qualified attorney about your specific situation is strongly recommended. For more resources and document tools, go to (/legal-document/notice-to-tenants-of-intent-to-sell).

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

New York asks for 'reasonable notice' rather than a fixed number of hours. In practice, 24 hours in writing is what most owners give before a showing, and it holds up well. Enter only at sensible hours and follow whatever access terms your lease already spells out.

No. A buyer takes the building with your tenant's fixed-term lease attached. The rent, the terms, and the end date all carry over untouched, and the new owner simply inherits your role as landlord for whatever time is left on that lease.

New York State issues no official form for this. Drafting the notice is on you: write a plain, clear document telling your tenant about the sale and how showings will work, and make sure it lines up with the terms already in your lease.

With proper reasonable notice, usually 24 hours in writing, your tenant generally cannot turn away a showing set at a sensible time. Your access right sits in the lease, and a pattern of blocking showings without reason can amount to a breach of that agreement.

A sale alone does not end the tenancy. Under RPL 226-c you must serve written notice, and the length scales with how long the tenant has lived there: 30 days under one year, 60 days for one to two years, and 90 days beyond two years.

Three points belong in the notice I send. First, a clear statement that I intend to sell the property. Second, an explanation of the way I will coordinate showings with my tenant. Third, an assurance that a running fixed-term lease survives the change of ownership and keeps its terms.

Documented confirmation is the goal here. I should choose a handoff method that verifies my tenant received the notice, such as delivering it in person, mailing it certified with a return receipt, or following any service option written into our lease agreement.

The security deposit moves along with the property. Once the sale finalizes, I transfer those funds to the incoming owner, who then becomes responsible for holding the deposit safely and paying it back to the tenant at the close of the tenancy.