When the lease is month-to-month what is the correct notice to terminate the lease?
Full Question:
Our lease expired on 8/1/07. My understanding is of New York state law is that after 8/1/08, we would be month-to-month. We would then only be required to give thirty days notice.
I sent the landlord formal notice on 9/1/07 that we would be moving out by October 1st. He has sent us a notice saying he would not return the security deposit because we failed to give 45 days notice as indicated in the lease. However, the lease expired 8/1/07. Can he enforce terms of the lease when it was expired?
11/21/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: New York |
#12668
Answer:
The following are New York statutes:
§ 232-a Real Prop. Notice to terminate monthly tenancy or tenancy from
month to month in the city of New York.
No monthly tenant, or tenant from month to month, shall hereafter be
removed from any lands or buildings in the city of New York on the grounds
of holding over his term unless at least thirty days before the expiration
of the term the landlord or his agent serve upon the tenant, in the same
manner in which a notice of petition in summary proceedings is now allowed
to be served by law, a notice in writing to the effect that the landlord
elects to terminate the tenancy and that unless the tenant removes from
such premises on the day on which his term expires the landlord will
commence summary proceedings under the statute to remove such tenant
therefrom.
§ 232-b Real Prop. Notification to terminate monthly tenancy or tenancy
from month to month outside the city of New York.
A monthly tenancy or 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.
§ 232-c Real Prop. Holding over by a tenant after expiration of a term
longer than one month; effect of acceptance of rent.
Where a tenant whose term is longer than one month holds over after the
expiration of such term, such holding over shall not give to the landlord
the option to hold the tenant for a new term solely by virtue of the
tenant's holding over. In the case of such a holding over by the tenant,
the landlord may proceed, in any manner permitted by law, to remove the
tenant, or, if the landlord shall accept rent for any period subsequent to
the expiration of such term, then, unless an agreement either express or
implied is made providing otherwise, the tenancy created by the acceptance
of such rent shall be a tenancy from month to month commencing on the first
day after the expiration of such term.
