Legal Question in Real Estate Law in New York

Re: Notice of Petition

Joe:

If you look at my past responses, or for that matter, the past responses for most other attorneys, we have reviewed this matter ad nausium.

Anyway, as a month to month tenant you have the right to terminate the lease upon a 30 day notice. The notice must be a "full month" not just 30 days. So for example, if you want the lease to terminate in November, the notice must be delivered on or before October 30, 2002, informing the tenant that her lease expires on November 30, 2002. If the apartment is in NYC the notice must be served in the same manner as a summons.

You shouldn't take rent for November. However, that does not mean that she does not have to pay you. You are entitled to use and occupancy of the apartment.

After the 30 days if she still has not vacated the apartment, you have to commence a landlord-tenant action by service of a notice of petition and petition. This is basically a Court action. The relief that you would seek is rent owed (if unpaid) together with a Judgment of Possession and Warrant of Eviction.

Mike