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Posted by wayne on August 11, 2001 at 18:47:13:

Someone had posted this to me in response to my inquiry about getting out of a 30-day notice contract early:

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.

I have a hard time understanding it, but they said that this mean that the tenant does NOT have to give 30-days prior notice, only the LL, and it only applies in New York City ONLY.
Now here's my question: I've signed a 30-day notice contract with my LL which says that either party is to give 30-day notice. However, since the law says I, the tenant, don't have to give 30-days notice, does that void the contract with my LL?

I've been thinking ahead and my LL will probably try to battle this or simply just keep my deposit. If the contract is indeed void and invalid, does my LL have the right to keep my deposit? I want to avoid going to court to get it back, but if I do what is the likelyhood of me getting it back? Thanks for your answers

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Comments:
: Someone had posted this to me in response to my inquiry about getting out of a 30-day notice contract early:

: 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.

: 
: I have a hard time understanding it, but they said that this mean that the tenant does NOT have to give 30-days prior notice, only the LL, and it only applies in New York City ONLY. 
: Now here's my question: I've signed a 30-day notice contract with my LL which says that either party is to give 30-day notice. However, since the law says I, the tenant, don't have to give 30-days notice, does that void the contract with my LL? 

: I've been thinking ahead and my LL will probably try to battle this or simply just keep my  deposit. If the contract is indeed void and invalid, does my LL have the right to keep my deposit? I want to avoid going to court to get it back, but if I do what is the likelyhood of me getting it back? Thanks for your answers


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