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Re: New York City Tenants Don't Have To Give Notice To Terminate A Month-To-Month Lease

Posted by New York Tenant on September 30, 2001 at 03:00:11:

In Reply to: New York City Tenants Don't Have To Give Notice posted by New York Tenant on September 28, 2001 at 11:14:52:

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 lower 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.

It's not clear from the summary on TenantNet, but the Appellate Term may have reversed the decision of a Civil Court judge sitting in the Small Claims part -- not a Housing Court judge.

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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