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Small Claim Court

NYC Housing Court Practice/Procedures

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Small Claim Court

Postby foreigner176 » Thu Nov 14, 2002 10:28 pm

Hi,

can anyone tell me how many days I have to give notice in order to move out of a room and complete my status as a subtenant. I know that the landlord has to give 30 days notice, but what about the subtenant?

I have given two weeks notice to my former landlord and she agreed to that, but now she suddenly changed her mind and is not willing to give my security back.

I have now filed a claim against her at the small claim court. So if two weeks from a subtenant are enough I would get my money back, otherwise I would have to proof that she agreed to that and this is going to be more difficult.

Thanks!
foreigner176
 
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Re: Small Claim Court

Postby consigliere » Thu Nov 14, 2002 11:45 pm

In New York City, a tenant doesn't have to give any notice to terminate a month-to-month tenancy; a landlord has to give 30-days' notice, coinciding with the rent cycle, to terminate a month-to-month tenancy.
 
Real Property Law §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.
 
consigliere
 
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Re: Small Claim Court

Postby foreigner176 » Fri Nov 15, 2002 4:42 pm

Thanks so much for your information!

Now I am much more confident to get my money back with the help of the small claim court.

You seem to be experienced with landlord tenant laws, the apt I was living in was a coop but I have not signed anything with the board of directors. As far as I know it can cause trouble to sublease without prior permission of the board. Do you think my former landlord will get in touch with me to solve the problem without court. I think it depends on the intention of the board, even if there is a case of illegal sublease.
foreigner176
 
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Joined: Thu Nov 14, 2002 2:01 am


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