I pulled this information from the New York state Residential
Tenants’ Rights
Guide
For non-rent regulated apartments, the landlord does not have to renew
the lease.
First of all check to see if there is an automatic renewal clause:
A lease may contain an automatic renewal clause. In such case, the
landlord must give the tenant advanced notice of the existence of this
clause between 15 and 30 days before the tenant is required to notify
the landlord of an intention not to renew the lease.
So check to see when you have to notify the landlord that you want to stay. Also see if it extends for another year, or it changes to month-to-month.
If the landlord of the non-regulated unit intends to renew the lease
with a rent increase of more than 5%, or does not intend to renew the
lease, they must provide advanced written notice:
• If you have lived in your apartment two or more years, or if you
have a two-year lease, your landlord must provide you with 90 days
advanced written notice before raising your rent or not renewing your
lease;
You need to read the lease, and ask the landlord questions if the lease is unclear.
Specifically, if I just send monthly check, am I now month to month
immediately? How does 90 days advanced written notice come into play?
You are only month-to-month if that is what you agreed to.
A month-to-month tenancy may be terminated by either party. If the
landlord plans to terminate, they must give notice on the same
timeline as terminating non-regulated leases (as described on the
previous page). Outside of New York City, the tenant must give one
month’s notice to terminate the tenancy.
So that means once you are month-to-month, they have to give you 90 days notice because you have been there more than 2 years.