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Posted by klewis on April 29, 1999 at 14:08:41:

In Reply to: Re: Roommate Eviction posted by klewis on April 28, 1999 at 13:41:52:

: : A licensee is entitled to a 10-day notice to quit [RPAPL §713(7)] -- not 30 days. The notice must be served in accordance with RPAPL §735.

: : Where can I get information on the RPAPL 713 7 & 735? I can't get on the AOL Tenant site. Thanks.
: : : I'm about to give the current month to month licensee her official 30 day notice that the agreement is going to be terminated. I am afraid she's not going to go gently into the good night and not leave in a timely fashion. Should I initiate eviction proceedings in Housing Court now or wait until after the 30 days notification time is up? What's the process? I hope she doesn't damage the apartment or kill my cat. thanks.

Thank you to everyone who's responded. You've been very helpful. I am going to accept the May rent (she pays cash) and on the next day hand her & send by certified mail the following letter. Am I covering all the bases:
Dear: Please be advised that I am revoking your month to month licensing agreement. This letter will serve as your official notification that you have 30 days from (DATE)to vacate the premises on ____. You will receive a check for your security deposit plus interest when leave the 4th floor room in the same condition as when you moved in, i.e. no holes, marks, scratches or gouges to the white walls or floors. You will be responsible for any damages caused by you or anyone else entering the apartment on your behalf. I will withold $75 towards your outstanding Con Ed and Cable TV. I will mail you a check for any balance due from the $75.00 If you fail to comply with this notification I will commence a licensee proceeding in court and seek reimbursement for all legal fees.

Follow Ups:

• You Can't Serve The Notice To Quit By Yourself Mark Smith 4/29/99 (1)
  • Re: You Can't Serve The Notice To Quit By Yourself klewis 4/30/99 (0)

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Comments:
: : : A licensee is entitled to a 10-day notice to quit [RPAPL §713(7)] -- not 30 days.  The notice must be served in accordance with RPAPL §735.

: : : Where can I get information on the RPAPL 713 7 & 735?  I can't get on the AOL Tenant site.  Thanks.
: : : : I'm about to give the current month to month licensee her official 30 day notice that the agreement is going to be terminated.  I am afraid she's not going to go gently into the good night and not leave in a timely fashion.  Should I initiate eviction proceedings in Housing Court now or wait until after the 30 days notification time is up?  What's the process?  I hope she doesn't damage the apartment or kill my cat.  thanks.

: Thank you to everyone who's responded.  You've been very helpful.  I am going to accept the May rent (she pays cash) and on the next day hand her & send by certified mail the following letter.  Am I covering all the bases:
: Dear:  Please be advised that I am revoking your month to month licensing agreement.  This letter will serve as your official notification that you have 30 days from (DATE)to vacate the premises on ____.  You will receive a check for your security deposit plus interest when leave the 4th floor room in the same condition as when you moved in, i.e. no holes, marks, scratches or gouges to the white walls or floors.  You will be responsible for any damages caused by you or anyone else entering the apartment on your behalf.   I will withold $75 towards your outstanding Con Ed and Cable TV.  I will mail you a check for any balance due from the $75.00 If you fail to comply with this notification I will commence a licensee proceeding in court and seek reimbursement for all legal fees.  


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