Legal Question in Landlord & Tenant Law in New York

I served my tenant a 30days notice to vacate on April 1, 2011. does this mean the tenancy ends on May 31,2011? after i served the notice, I accepted April rent in May 10, 2011. (Not May 2011 Rent) Can the tenant use this to dismiss the holdover?


Asked on 7/31/11, 11:16 pm

2 Answers from Attorneys

As a New York Real Estate Lawyer, I can tell you that the dates in New York State for landlord tenant issues are absolutely critical to your case. I don't know the specific details of your particular issue and I can't give you legal advice on your matter, but I can tell you that generally speaking, when you accept payment from a renter, it will have an adverse effect on your action against them. It sounds like April's rent has been paid and now you're waiting to receive May's rent.

Most landlords tend to work out a flat fee arrangement with an attorney to handle these matters for them. That's what I do with clients who are landlords. It's easier to do it that way and tenants tend to take letters from law firms more seriously.

The best advice I could give you is to contact a New York Landlord Tenant Lawyer immediately to figure out how to handle this tenant..

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Answered on 7/31/11, 11:25 pm
Steven Czik CZIK LAW PLLC

Firstly, did you serve the Notice yourself? Secondly, accepting that rent may now require you to serve a new notice as well. As New York State law is very specific as to the exact wording required in these Notices and the manner in which they must be served upon the tenant, it is highly advisable to retain the services of an attorney experienced in these areas. A small mistake can set you back months in the process. We have handled many such cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 8/01/11, 8:57 am


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