Legal Question in Landlord & Tenant Law in New York

In New York City, I have a lady paying month-to-month rent off-lease, off-the-books, in a room of my rental. Since she's not a formal tenant on a lease, what is the procedure to force her to pay rent or quit if she's not paying rent on time? Can I fax her a formal notice to pay rent/move out... and how many days/hours must those notices be sent before I move her personal property out?


Asked on 4/09/10, 1:37 pm

3 Answers from Attorneys

peter bark bark & karpf

Without a lease, she still is a tenant so you must give her 30 days written notice.

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Answered on 4/14/10, 1:52 pm
Michael Markowitz Michael A. Markowitz, PC

Mr. Bark is wrong in his answer. In New York City you must SERVE her a 30 days written notice. This is usually done using a process server. The 30 days is not a calendar 30 days, rather it is a month notice. In other words, you would have to SERVE the notice anytime before April 30, with the lease term to expire on May 31, 2010.

Mike.

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Answered on 4/14/10, 2:21 pm
Steven Czik CZIK LAW PLLC

Mr. Markowitz is correct regarding the notice time line, a month to month tenant must receive a full rental period notice of 30 days. 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. 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 4/15/10, 10:54 am


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