Lease Termination Notice
My tenant wants to continue with a month-to-month lease. And I am ok with that since she is very reliable, and I would rather stay with her as long as it is possible. My only question is: what is a reasonable amount of time for her give me before she decides to move out. Is…
My tenant wants to continue with a month-to-month lease. And I am ok with that since she is very reliable, and I would rather stay with her as long as it is possible. My only question is: what is a reasonable amount of time for her give me before she decides to move out. Is it a one month or a two-month notice a standard practice.
Any pointers will be appreciated.
Thank you
A month is reasonable, two is gracious. You can certainly tell her you need 30 days notice but would really appreciate it if she gives you a bit more.
I would like to know to but I am on the other side of the fence.
My tenant is on the “month-to-month”.. well its more like we did not make them sign a lease (seems like a HUGE mistake). We are trying to get rid of them since they broke a couple of verbal rules. It seems like from what I am hearing..not easy to kick tenants out no matter what.
I’m about to terminate my “month-to-month” tenancy…
Was a few years since I looked into this but believe it’s still 30 days from end of next calendar month. In other words, if either party gives notice June 15, it’s 30 days from end of June – July 30, and not 30 days from day of notice.
30 days.
MONTH-TO-MONTH TENANTS
Tenants who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)
A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.
The termination notice need not specify why the landlord seeks possession of the apartment, only that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. Real Property Law § 232-a and § 232-b.
source: http://www.housingnyc.com/html/resources/attygenguide.html#3