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Posted by Mark Smith on August 31, 1998 at 21:36:30:

In Reply to: How much notice to give a roommate??? posted by Diane on August 31, 1998 at 17:23:34:

You don't say how long your roommate has been there, but the discussion about trying it for 5 or 6 months could present a problem. Assuming that the 5 or 6 months have passed or that your roommate can't prove that the discussuion took place, you then have a month-to-month tenancy, which can be terminated by either party on one month's/30 days' notice. This has to be done in accordance with the time frame of the tenancy (e.g., calendar month, 15th to 15th, etc.). If it is a calendar month situation, notice would have to be given before the beginning of September to be effective September 30th. In New York City, you have to give 30 days' WRITTEN notice to terminate a month-to-month tenancy (Real Property Law §232-a).

>
>
: I have one roommate in a rent-stabilized apt. in NYC. We only made a loose
: verbal agreement that we'd try the arrangement for 5 or 6 months and
: see if we wanted to continue at that point. We have no written contract
: and the landlord is not aware of her being there. Since then, my fiance and
: I decided that he should move in ASAP. I gave her notice to move out
: on August 5. She said that she has to receive 30 days notice from
: BEFORE the 1st of the month. Can't it just be 30 days from August 5?
: If not, then I am forced to live with her until the end of September?
: Is there any way I can get her out sooner without having legal probs?
: She has become extremely difficult to put up with. Also, if I move my
: fiance in sooner & put him on the lease, would he be considered another
: roommate? And, can I just let her 1-mo. security cover September if she
: can't get out sooner? Please answer ASAP. Also, are the Roommate Laws
: available somewhere online? Thank you!!!

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• Re: How much notice to give a roommate??? SANTA 9/01/98 (0)

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Comments:
: You don't say how long your roommate has been there, but the discussion about trying it for 5 or 6 months could present a problem.  Assuming that the 5 or 6 months have passed or that your roommate can't prove that the discussuion took place, you then have a month-to-month tenancy, which can be terminated by either party on one month's/30 days' notice.  This has to be done in accordance with the time frame of the tenancy (e.g., calendar month, 15th to 15th, etc.).  If it is a calendar month situation, notice would have to be given before the beginning of September to be effective September 30th.  In New York City, you have to give 30 days' WRITTEN notice to terminate a month-to-month tenancy (Real Property Law §232-a).  

: >
: >
: : I have one roommate in a rent-stabilized apt. in NYC. We only made a loose
: : verbal agreement that we'd try the arrangement for 5 or 6 months and 
: : see if we wanted to continue at that point. We have no written contract 
: : and the landlord is not aware of her being there. Since then, my fiance and
: : I decided that he should move in ASAP. I gave her notice to move out
: : on August 5. She said that she has to receive 30 days notice from
: : BEFORE the 1st of the month. Can't it just be 30 days from August 5? 
: : If not, then I am forced to live with her until the end of September?
: : Is there any way I can get her out sooner without having legal probs?
: : She has become extremely difficult to put up with. Also, if I move my
: : fiance in sooner & put him on the lease, would he be considered another 
: : roommate? And, can I just let her 1-mo. security cover September if she 
: : can't get out sooner? Please answer ASAP. Also, are the Roommate Laws 
: : available somewhere online? Thank you!!!


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