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Posted by   on January 13, 2001 at 10:12:11:

In Reply to: month-to-month in NYC posted by Joey on January 13, 2001 at 03:43:02:

The landlord can serve you with a three-day demand for the rent (unless the lease required a longer notice period) and, if you don't pay, can commence a non-payment proceeding in housing court.

Even if you paid your rent on time, the landlord could terminate a month-to-month tenancy by serving a 30-day written notice (coinciding with the rental period), and, if you don't move, can commence a holdover proceeding in housing court.

But, in any event, you should make certain that your apartment isn't rent stabilized.

:
: My lease expired a few months ago and my landlord has accepted rent (at the lease rate) after expiration of the lease. Thus, I am a month-to-month tenant. Currently I haven't been able to pay my rent. My question is, can my landlord start a nonpayment proceeding against me with by just first serving a three day notice. or does he have to instead start serve me with a 30 day notice of termination and wait until the thirty days have expired to start a holdover proceeding against me? I have looked at the law, but am very confused. Basically, can he bring a nonpayment proceeding starting with a 3 day notice when I am a month to month tenant?

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Comments:
: The landlord can serve you with a three-day demand for the rent (unless the lease required a longer notice period) and, if you don't pay, can  commence a non-payment proceeding in housing court.  

: Even if you paid your rent on time, the landlord could terminate a month-to-month tenancy by serving a 30-day written notice (coinciding with the rental period), and, if you don't move, can commence a holdover proceeding in housing court.  

: But, in any event, you should make certain that your apartment isn't rent stabilized.  

: :
: : My lease expired a few months ago and my landlord has accepted rent (at the lease rate) after expiration of the lease.  Thus, I am a month-to-month tenant. Currently I haven't been able to pay my rent.  My question is, can my landlord start a nonpayment proceeding against me with by just first serving a three day notice. or does he have to instead start serve me with a 30 day notice of termination and wait until the thirty days have expired to start a holdover proceeding against me?  I have looked at the law, but am very confused.  Basically, can he bring a nonpayment proceeding starting with a 3 day notice when I am a month to month tenant?


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