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Posted by Anna on June 19, 2000 at 20:39:56:

In Reply to: NYS rules re eviction notices posted by kamichelle on June 19, 2000 at 15:21:21:

: Although our lease was not renewed since it ended in January 2000, the landlord has accepted all rent payments, and held us to the points about non-payment and care of property as described in the lease. All rent payments are due on the 1st of the month (grace period to the 5th). As such, can he just give us notice in the middle of the month that we have to be out by the middle of the next month? I thought that if the rent was due by the 1st, he had to give us notice by the 30th of June that he wanted us out by the 1st of August.

You didn't say exactly, but it sounds like this notice is a 30-day notice to vacate, no reason needed. If so, you are correct: it must be served 30 days prior to the rent due date, so the notice served June 12 is effective July 31. If they file an eviction proceeding before August 1st, it must be dismissed. It is better to avoid having a lawsuit filed against you (read today's Blacklist posts), so try conveying this info to your landlords in the nicest possible way, reminding them that you've leaving that day anyway.

The actual law is posted on tenant.net: use the search feature here in the forum to find it.

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• Re: NYS rules re eviction notices kamichelle 06/20/00 (0)

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: : Although our lease was not renewed since it ended in January 2000, the landlord has accepted all rent payments, and held us to the points about non-payment and care of property as described in the lease.  All rent payments are due on the 1st of the month (grace period to the 5th).  As such, can he just give us notice in the middle of the month that we have to be out by the middle of the next month?  I thought that if the rent was due by the 1st, he had to give us notice by the 30th of June that he wanted us out by the 1st of August.

: You didn't say exactly, but it sounds like this notice is a 30-day notice to vacate, no reason needed.  If so, you are correct: it must be served 30 days prior to the rent due date, so the notice served June 12 is effective July 31.  If they file an eviction proceeding before August 1st, it must be dismissed.  It is better to avoid having a lawsuit filed against you (read today's Blacklist posts), so try conveying this info to your landlords in the nicest possible way, reminding them that you've leaving that day anyway.

: The actual law is posted on tenant.net: use the search feature here in the forum to find it. 


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