N.Y. Laws » CHAPTER Real Property / ARTICLE Landlord and Tenant
New York Consolidated Laws

N.Y. Real Property Law § 228 (2026)

Termination of tenancies at will or by sufferance, by notice

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 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.
Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1985–2025 · leading case: Finke v. City of Glen Cove, 55 A.D.3d 785 (N.Y. App. Div. 2d Dep't 2008).
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Finke v. City of Glen Cove, 55 A.D.3d 785 (N.Y. App. Div. 2d Dep't 2008). · cites it 3× “On November 1, 2005 the plaintiff Joseph Finke served a notice of claim upon the City of Glen Cove, New York, pursuant to General Municipal Law § 50-e, alleging that the City consented to a tenancy at will permitting him to store his equipment on its property, and that, pursuant…”
Drost v. Hookey, 25 Misc. 3d 210 (2009). · cites it 2× “(See Real Property Law § 228.) Despite the frequency that the “cohabiting boyfriend/ girlfriend” issue is presented in this state’s landlord-tenant *212 courts, “the legal status of a paramour with respect to continued occupancy .”
City of New York v. Utsey, 185 Misc. 2d 715 (N.Y. App. Term. 2000). · cites it 2× “The issue in this squatter proceeding is whether occupants are tenants at will or at sufferance and thus entitled to a 30-day notice pursuant to Real Property Law § 228. We hold that under the circumstances of this case occupants are tenants at will and that the City’s failure…”
Kosa v. Legg, 12 Misc. 3d 369 (N.Y. Sup. Ct. 2006). · cites it 3× “By 1909, they were renumbered as the current Real Property Law § 228. This section was never amended to cover any tenancies in addition to tenancies at will and at sufferance.”
North Shore Cmty. Servs., Inc. v. Lehrfeld, 3 Misc. 3d 436 (2004). · cites it 2× “” Furthermore, if a tenancy by sufferance is created, then termination must be accomplished as required by Real Property Law § 228 which states: “A tenancy at will or by sufferance, however created, may be terminated by a written notice of not less than thirty days given in…”
Davis v. Dinkins, 206 A.D.2d 365 (N.Y. App. Div. 2d Dep't 1994). “At the least it was a tenancy at will, and not a freely revocable license (see, Real Property Law § 228; Lad v Hudson, 60 NY 102 ).”
Paladino v. Sotille, 15 Misc. 3d 60 (N.Y. App. Term. 2007). “In this holdover proceeding, petitioners assert that occupant James Sotille is in possession of the second-floor apartment in their home as a tenant at will and that they served him with a 30-day notice terminating his tenancy (see Real Property Law § 228). In his answer,…”
Ricciardo v. Ricciardo, 6 Misc. 3d 223 (N.Y. City Civ. Ct. 2004). · cites it 3× “When the tenancy is not month-to-month but a tenancy at will or sufferance, Real Property Law § 228 determines the manner in which the tenancy may be terminated and also determines the manner of service of the 30-day termination notice (see Real Property Law § 228; Fisher v…”
Boyar v. Goodman, 202 A.D.2d 541 (N.Y. App. Div. 2d Dep't 1994). · cites it 2× “The defendants, as the remaindermen, served notices to quit pursuant to Real Property Law § 228 on the plaintiff and the subtenants.”
Lippe v. Prof'l Surgical Supply Co., 132 Misc. 2d 293 (N.Y. City Civ. Ct. 1986). “) Real Property Law § 228 states: "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,…”
MASTAS v. Extra Closet, Inc., 146 Misc. 2d 698 (N.Y. City Civ. Ct. 1990). “) Such a "tenant”, though bereft of all privity with any lessor and holding over "by wrong” (74 NY Jur 2d, Landlord and Tenant, § 125), is nevertheless entitled to the 30-day notice provided by Real Property Law § 228 before his possessory interest can be terminated.”
Little v. Bright Holding Corp., 155 Misc. 2d 686 (N.Y. City Civ. Ct. 1992). “, as a tenant at sufferance, and accordingly served all respondents with a 30-day notice to terminate pursuant to Real Property Law § 228. Despite the pending proceeding commenced by petitioner, and after an unsuccessful attempt to obtain a preliminary injunction in Supreme…”
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