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Posted by Diana on August 09, 2001 at 23:21:07:

In Reply to: Any way around 30-day notice? posted by Wayne on August 09, 2001 at 08:11:05:

: I'm in a month-to-month situation and for complicated reasons(not with the LL) I need to move out ASAP, but the earliest I can do it is by September 31 in consideration of the 30-day notice rule. Is there any possible way to get out of this situation earlier? Suggestions appreciated.

If you're in NYC, the tenant does not have to give 30-days notice, only the landlord does. In the rest of NY state, both have to give one month notice. See Real Property Law, on Tenant.Net or on the NYS assembly site.:

Sec. 232-a. 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.

Sec. 232-b. 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.

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Comments:
: : I'm in a month-to-month situation and for complicated reasons(not with the LL) I need to move out ASAP, but the earliest I can do it is by September 31 in consideration of the 30-day notice rule. Is there any possible way to get out of this situation earlier? Suggestions appreciated.

: If you're in NYC, the tenant does not have to give 30-days notice, only the landlord does.  In the rest of NY state, both have to give one month notice.  See Real Property Law, on Tenant.Net or on the NYS assembly site.:

: Sec. 232-a.    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.

: 
: Sec. 232-b.    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.



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