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[NY] How many days’ notice must a landlord give to end a month-to-month tenancy after two years?
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Can a landlord issue a 30 day notice if I have lived in a property for over two years? Can a landlord issue a notice that ends in the middle of a month that is already fully paid?
I understand that you're concerned about the notice from your landlord. How long is your lease agreement, and does it specify any terms regarding notice periods?
Month-to-month.
Have you received the notice in writing, and if so, what date is it dated for?
It is dated for July 20th, but the full month of July is paid.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your notice issue.
I am fully paid and have not missed any payments.
Hi there! Welcome to our service. My name is Liz, and I've been an attorney for more than a decade. I am here to assist with your legal concerns. No attorney-client relationship is formed from our conversation. To help me best assist you, in what state do you live?
New York.
Thank you. NYC or NYS?
NYS.
Got it, thanks! Since you're on a month-to-month lease, could you tell me if there are any specific terms in your lease agreement about notice periods or ending the lease? This will help us understand your situation better.
It says "not less than a full month," but it is my understanding that under New York Real Property Law Section 226-c, my living here for over two years means I am automatically entitled to a minimum of 90 days regardless of what the lease says.
That's also correct, it is 90 days for month to month no fault. This tracks the tiered notice schedule under (NY Real Prop L § 226-C): tenants who have occupied a unit for more than two years, or who have a lease term of at least two years, must receive at least ninety days' notice before a landlord ends a month-to-month tenancy or declines to renew it. Shorter tenancies get less notice on a sliding scale: at least thirty days for occupancy of less than one year, and at least sixty days for occupancy of one to two years. Importantly, if a landlord fails to give timely notice, the tenant's existing tenancy continues on the same terms from the date actual written notice is given until the full notice period has run, so a short notice does not simply become effective early.
It is also worth noting that outside New York City, a tenant's own notice to end a month-to-month tenancy is governed separately by ( NY Real Prop L § 232-B), which only requires about one month's notice from the tenant, and does not lengthen with the tenant's length of occupancy the way the landlord's notice period does.
So, I was given a notice on June 18th that I was to be out July 20th, so today (very long story as to why we are only addressing this now). But she accepted a full month's rent on July 1, so would that also mean that regardless, she agreed to me being here the full month of July?
Correct, she agreed to July as she accepted all of the rent for July.
And following that, being she only sent a 30 day notice, that would mean that notice is not legal and she must issue a new 90 day notice? So her only real course of action is to file a new notice for 90 days and restart the clock?
Correct, the proper notice has to be done first before it can be filed in court.
Okay, here's the complicated part. This involves a trailer parked on land. The landlord for the trailer is not the owner of the land.
Which one is seeking removal?
The landlord was operating under a life lease for her father, which is now expired. She has 90 days to remove the trailer from the land starting June 15th, the date of death, so more like 54 days now. She wants me out early so she can move the trailer. The landowner does not want me gone and would prefer I stay, so the landowner would inherit the trailer and me as a tenant after the 90 days. Which is why the landlord is trying to rush me out. After the 90 days that started June 15th.
So right now, it appears to me that she will not be able to evict me before she loses rights to the trailer, because her 90 days to move the trailer started June 15th and my 90 days has officially not started yet?
Which she has to follow all rules including notice.
So it seems that even if she gives me notice, her clock to move the trailer will expire before my notice does, and she's out of luck?
She would be, unless she can negotiate with the landlord.
Which she won't be able to because the landlord is fully on my side. Thank you!
You're very welcome.
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