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30 Day Notice Month to Month Tenancy

NYC Housing Court Practice/Procedures

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30 Day Notice Month to Month Tenancy

Postby GrandparentsLawyer » Wed Oct 19, 2016 9:46 pm

Hello! Looking for some much needed help.

My Grandparents are owner-occupied landlords of a two-family private residence in Brooklyn, NY. I am helping them in the process of removing their tenants who have been living on their 2nd floor for approx. 6 years as Month-to-Month tenants. It is possible that at the start of their tenancy their was a lease, but it is unlikely that there is a copy available.

I am having trouble finding consistent legal information regarding the Thirty (30) Day Termination Notice. At the start of this ordeal my Grandparents had informed me the tenants pay their rent on the 15th of the month. Having done loads of research and speaking briefly with a legal aid attorney in Brooklyn Housing Court, I determined the appropriate notice would have to be served on or before the 15th of the month to have them out by the 15th of the following month. After having served them the notice and the term expiring i sought a lawyers assistance to file the Holdover Petition. He insisted that I was relying upon false information and that with no lease or real documentation that rent is payable on the 15th, the notice should have been served before the 1st of the month with a termination date at the end of the month.

That being said, i have started over and need to know how to count the (30) days of the termination notice. If I have the notice served before the 1st of November for the tenants to vacate by the 30th is that considered a full (30) days or would I have to give them until December 1st? This would be much easier if there were just 31 days in November >:[[[[

I apologize for the length of the message I have never participated in a forum before and I have run out of resources for help.

Thanks all in advance!!!
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Re: 30 Day Notice Month to Month Tenancy

Postby TenantNet » Wed Oct 19, 2016 11:26 pm

This is tenant.net, not a landlord-help site. Landlords - even small ones - have many sources of help. Having said that, the law in NYC requires LL give 30 days notice to M2M tenants.

Understand that giving notice only will terminate the M2M lease; it does not mean they will be "out" by the next month. They can stay and be subject to a holdover proceeding and assert any defense they might have.

I don't think that having the rent payment date on the 15th of the month will make much difference than if it was on the first of the month. But the attorney is most likely correct that rent payment dates are deemed to be on the 1st of the month absent a lease stating something different. I have heard that before. My understanding is that the 30-day notice period is a minimum. There is nothing that says you can't give notice for a longer period.
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