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Posted by Mark Smith on October 18, 1998 at 09:07:06:

In Reply to: written notice? posted by catherine on October 17, 1998 at 14:04:15:

: Does the landlord have to give us written notice
: that he is taking back the apartment? I've lived
: there for 2 1/2 years, and my roommate for 7 years.
: We don't have a lease (except for the first year),
: but all the checks are in one name (for the full
: 7 years). The landlord told a third roommate
: (in the hallway) that he wants us to leave by
January 1st.
: (she said he seemed a bit drunk.... is this legit?)

: Any suggestions?

: Thank you.

If the apartment is rent stabilized (which I doubt, because of the reference to a lease for the first year only), the landlord cannot terminate your tenancy that easily. If not, you are a month-to- month tenant, and in New York City, the landlord must give 30 day's written notice, in accordance with your rental period. If you pay your rent on a calendar month basis, the landlord could give you written notice before the end of October to terminate your tenancy as of November 30. If you live elsewhere in New York State, the landlord has to give one month's notice, but it does not have to be in writing.

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Comments:
: 
: : Does the landlord have to give us written notice
: : that he is taking back the apartment?  I've lived
: : there for 2 1/2 years, and my roommate for 7 years.
: : We don't have a lease (except for the first year),
: : but all the checks are in one name (for the full
: : 7 years). The landlord told a third roommate
: : (in the hallway) that he wants us to leave by 
: January 1st.
: : (she said he seemed a bit drunk.... is this legit?)

: : Any suggestions?

: : Thank you.

: 
: If the apartment is rent stabilized (which I doubt, because of the reference to a lease for the first year only), the landlord cannot terminate your tenancy that easily.  If not, you are a month-to- month tenant, and in New York City, the landlord must give 30 day's written notice, in accordance with your rental period.  If you pay your rent on a calendar month basis, the landlord could give you written notice before the end of October to terminate your tenancy as of November 30.  If you live elsewhere in New York State, the landlord has to give one month's notice, but it does not have to be in writing.


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