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Posted by New York Tenant on September 28, 2001 at 11:14:52:

In Reply to: notice required posted by me on September 26, 2001 at 23:32:57:

Real Property Law §232-a, which applies to New York City, states that the landlord has to give 30-days' written notice to cancel a month-to-month tenancy.

http://www.tenant.net/Other_Laws/RPL/rpl07.txt

In the case of Torrence v. Barry, N.Y.L.J., February 24, 1999, page 29, col. 2, the Appellate Term, First Department reversed a housing court decision that held that the tenant had to give notice to terminate a month-to-month tenancy. The Appellate Term held that only the landlord had to give notice -- not the tenant.

http://www.tenant.net/Court/Hcourt/archive/1999/feb99.html

: :
: : In New York City, only the landlord has to give 30-days'written notice to terminate a month-to-month tenancy. The tenant doesn't have to give any notice at all. You'll probably have to sue your landlord in small claims court to get back your security deposit.

: I don't know where you got that idea. You can't just leave--notice is required for landlords and tenants.
: However, for this person it doesn't seem to matter much.

• Torrence v. Barry (from TenantNet)

Follow Ups:

• Re: New York City Tenants Don't Have To Give Notice To Terminate A Month-To-Month Lease New York Tenant 09/30/01 (0)

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Comments:
: Real Property Law §232-a, which applies to New York City, states that the landlord has to give 30-days' written notice to cancel a month-to-month tenancy.  

: http://www.tenant.net/Other_Laws/RPL/rpl07.txt  

: In the case of Torrence v. Barry, N.Y.L.J., February 24, 1999, page 29, col. 2, the Appellate Term, First Department reversed a housing court decision that held that the tenant had to give notice to terminate a month-to-month tenancy.  The Appellate Term held that only the landlord had to give notice -- not the tenant.  

: http://www.tenant.net/Court/Hcourt/archive/1999/feb99.html

: : :
: : : In New York City, only the landlord has to give 30-days'written notice to terminate a month-to-month tenancy.  The tenant doesn't have to give any notice at all.  You'll probably have to sue your landlord in small claims court to get back your security deposit.  

: : I don't know where you got that idea. You can't just leave--notice is required for landlords and tenants. 
: : However, for this person it doesn't seem to matter much.


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