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Re: leaving apt, found a new tenant, security deposit & last month's rent

Posted by Mark Smith on August 26, 1999 at 00:20:25:

In Reply to: leaving apt, found a new tenant, security deposit & last month's rent posted by Denise M on August 25, 1999 at 23:34:40:

Where do you live in New York? In New York City, you generally have to give 30-days' written notice to terminate a month-to-month tenancy [Real Property Law 232-a]. The Appellate Term, First Department (Manhattan and the Bronx) has ruled that only the landlord has to give 30-days' notice. In the rest of the state, you have to give one month's notice, but it doesn't have to be in writing [Real Property Law 232-b], but it is safer to put it in writing.

You should mail it at the post office by regular mail, with a certificate of mailing, and by certified mail, return receipt requested.

In New York City, the termination notice has to be served in the same manner as a notice of petition and petition [Real Property Actions and Proceedings Law 735] -- preferably personal service, but substituted service or conspicuous placement service if personal service can't be accomplished with reasonable application.

In either case, the notice has to terminate the tenancy at the end of a rental period. If you pay your rent on a calendar month basis, the termination must be at the end of a calendar month.

The landlord doesn't have to accept your friend as a tenant. If you want to use the security as the last month's rent, he probably will be less likely to accept your friend as a tenant.

How large is the building? If it has fewer than six units, the landlord doesn't have to put the security in an interest-bearing account, but it is supposed to be put into a separate bank account, and not be co-mingled with the landlord's money [General Obligations Law 7-103].

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