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Exact meaning of month's notice? month-to-month lease

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Exact meaning of month's notice? month-to-month lease

Postby masonry12 » Mon Aug 08, 2011 2:00 pm

I realize this might be a dumb question but any help would be appreciated.


I am leasing month-to-month. The rent is due on the first, and was paid last week (August 1).


Today (August 8th) I was given one month's notice. Does it matter that rent is paid on the first (i.e. would normally be due Sep 1)?



"A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's oral or written notice. For example, if the rent is due on the first of each month, the landlord must inform the tenant by July 31st that he wants the tenant to move out by August 31st. (Real Property Law §232-b)"



Is that just one example or is it important that they notify me before rent is due?





As a side note, they already have last month's rent which they say they will refund to me when I move out. I assume that doesn't matter but I don't know.
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Postby TenantNet » Mon Aug 08, 2011 2:06 pm

If you got the notice today, then it's effective at the end of September.

For the last month's rent, then you've already paid for September and don't give them another penny.
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Postby masonry12 » Mon Aug 08, 2011 2:12 pm

Thank you for the quick reply.


My landlords are going to be very upset. Is there any information besides what I quoted in my original post that will make this point clear to them? I'm not in a position to get a lawyer right this very second, though I understand that may be necessary at some point.
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Postby TenantNet » Mon Aug 08, 2011 2:54 pm

Why tell them? Did the notice they sent you have an effective date? They can't do anything until that date, at which point you are still in occupancy. They can then file a holdover. But your defense is that the effective date is Sept. 30.

Any chance you're rent stab? The LL will say you're not RS, but it's not up to them.
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Postby masonry12 » Mon Aug 08, 2011 3:03 pm

They wanted me to sign something saying they'd given me 30 days notice and I'd be out by September 8th.


I refused and the landlord immediately started flipping out and saying she'd have me officially served so I said I would get back to them. Since I'm not going to sign it, she'll know something is up. I'd prefer she didn't escalate this into a legal situation even if I'm right.



I suppose I may not have a choice, though.




edit: this happened in person obviously. they are non-professional landlords who have an office here so I see them.


sorry, to answer your question it is not rent stabilized.
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Postby TenantNet » Mon Aug 08, 2011 3:25 pm

How do you know it's not RS. Is it a two-apartment home? I'd be rich for all the RS units that LLs claim are not.

If done in person, then you have not had notice. Don't remind them. Avoid them. Avoid the issue. Do NOT sign anything.
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Postby masonry12 » Mon Aug 08, 2011 3:46 pm

thanks for your assistance.


it's a 2 br house. i guess i'm unaware of rent stabilization issues




they did hand me a signed "notice to vacate" (which i did not sign). is that not proper notice?



edit: 232b says "oral or written notice"
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