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Re: Month-to-month tenant required to give 30 days notice?

Posted by Mark Smith on October 14, 1999 at 16:51:50:

In Reply to: Month-to-month tenant required to give 30 days notice? posted by Shara on October 14, 1999 at 14:04:47:

Generally, in New York City, you have to give 30-days' written notice, served in a specific manner, to terminate a month-to-month lease. The termination date has to coincide with the lease term, e.g., if you pay rent on a calendar month basis, the termination date must be at the end of the month.

Your landlord could insist that you pay rent through November 30th, if you give proper written notice by the end of October. However, the Appellate Term, First Department (covering Manhattan and the Bronx) has recently held that only the landlord -- and not the tenant -- has to give 30-days' notice.

: My NYC (condo) lease expired at the end of August. My landlord informed me that he would not be renewing the lease, as he was planning to sell our condo unit, but offered to let us stay until we found a new apartment, or until he sold this one (whichever came first). While he initially told us that he might be able to negotiate a lease for me with the new owner, it became clear to me that this was an unstable situation with no guarantees (and it was likely he just wanted to collect rent until he sold the place), so I decided at the end of September that I was going to look for a new apartment, and informed him of this. I paid the rent for the month of October, and went about looking for an apartment. I found one at the end of last week, signed the lease, and let the landlord know that I would be moving out at the end of the month. He keeps insisting that I'm required to give him 30 days notice, and demanding that I pay an extra two weeks rent. I reminded him that I told him two weeks ago that I was looking for a new place, but he told me that the 30 days notice begins now, at the point at which I've told him that I'm moving into my new place.

: Given that my lease has expired and he declined to offer me a new one, and that I'm living here on a month-to-month basis, am I legally required to give him 30 days notice? Does he have a legal right to demand that I pay h

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