Posted by DK on September 13, 1999 at 09:21:11:
In Reply to: How long do I legally have in NY to vacate my apt (no lease) after new LL tells me to? posted by Fred S. on September 12, 1999 at 00:35:25:
: I rent a small apartment and the garage under it in upstate NY. I have no lease and made agreement with the landlord for rental on a month to month basis, no rent regulation.
: Recently the landlord informed me the tenant in the single family residence (also located on the same property)was purchasing the property and closing was going to be in a couple days.
: The landlord told me I should look for a new place to live as the new landlord is going to move his sister-in-law in after the closing.
: Have I been given legal notice to vacate?
: If/when the new LL tells me to vacate, how long do I leagally have before I have to go(days/weeks/month,etc...)?
: I paid 1 month security and have had no problems with my rent. It's always early!!!
: Please help me, I need to know!!!
Real Property Law § 232-b provides the answer:
"A monthly tenancy or a tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the landlord or the tenant upon his notifying the other at least one month before the expiration of the term of his election to terminate; provided, however, that no notification shall be necessary to terminate a tenancy for a definite term."
Therefore, your landlord should give you thirty days notice before the end of the term, presumably the end of the month. It sounds like you should discuss this with each other and try to work out a mutually agreeable date for your move.
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