Do I even have a lease?

[TenantNet]

First, look at our reference section at http://tenant.net/phpBB2/viewtopic.php?t=5024

There seems to be some fine points here:

The notice required is one month outside NYC, but 30 days within NYC. Perhaps that might make a difference in some cases.

There is a difference in the manner of service of a notice.

The LL is required to give a notice in either case, within NYC or outside NYC.

The tenant is required to give notice only outside NYC. That means the tenant can just move without notice if the unit is within NYC.

This applies only to month-to-month tenancies, not rent regulated units. For those unregulated tenants whose lease is expiring, no notice is necessary unless the lease has certain renewal requirements.

Does that clarify things?

[TenantNet]

I gather you now want to move. Are you inside NYC? When are you hoping to move?

[sisland]

First, look at our reference section at http://tenant.net/phpBB2/viewtopic.php?t=5024

There seems to be some fine points here:

The notice required is one month outside NYC, but 30 days within NYC. Perhaps that might make a difference in some cases.

There is a difference in the manner of service of a notice.

The LL is required to give a notice in either case, within NYC or outside NYC.

The tenant is required to give notice only outside NYC. That means the tenant can just move without notice if the unit is within NYC.

This applies only to month-to-month tenancies, not rent regulated units. For those unregulated tenants whose lease is expiring, no notice is necessary unless the lease has certain renewal requirements.

Does that clarify things?

Thank you for taking the time to respond and for sharing your considerable knowledge. I did read the reference section, but still felt unclear, so I appreciate the opportunity to interact with you in this forum. In your response, you say "The notice required is one month outside NYC, but 30 days within NYC," but later you note: "The tenant is required to give notice only outside NYC." The two seem to be at odds with each other, but am I interpreting correctly that in the first instance you're referring only to the requirement that the landlord provide notice?

I am currently living in New York City and plan to move out of state. I certainly would like to give my landlord as much notice as possible, but also wanted to know what my options are, since giving notice prior to having another place is a little scary. If I was to give less than the 30 days notice, I would imagine that my landlord would assume that it was in violation of the law and argue that I did not provide him with adequate notice. Could you direct me to either case law that shows how the courts have decided in these types of cases, or an official interpretation of the law by an agency or legal body? The fact that the AG's office states that notice is required makes me hesitant to move forward without any additional documentation.

You also note that there is a difference in how the notices are served; could you say a little more about that? (that was actually the original reason that I began looking into this today) My lease requests that any notice must be in writing and mailed to the landlord's address. It also provides for it to be delivered by hand to the address (although it then requests that it be sent by certified mail...go figure) I was planning on sending it certified mail.

Again, thank you very much.

[TenantNet]

Go back and read the Real Property Law sections again. I believe the AG's wording is phrased badly. If you're in NYC, you don't have to give notice in our opinion. If you're moving out of state, what are you worried about? If you are really worried, give them notice.

Note: no need to quote my entire post.