Legal Question in Real Estate Law in New York

I rented an office space to a lawyer for two years. We did not have a lease, but he typed up a agreement in which he agreeded to pay $250 per month, pay no utilites, and would give three months notice.

Now he is moving out but only gave 30 day notice. When ask about the 3 months notice, he says after renting two years it becomes a month to month rental , so he only has to give 30 days notice. I say we had a agreement which he typed up and gave to us.

So who is right?


Asked on 12/20/12, 5:43 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Is the property in the five boros? It actually makes a difference: in the five boros, the "indefinite tenancy" created ends up as a term that ends on October 31 each year. If he terminated by giving notice by giving notice in August then he can leave free and clear. Otherwise, he owes a year's rent.

Outside the five boros you have a tenancy from month to month which the tenant agreed to terminate only on three months notice. You can file a complaint with the County Bar Association, since this lawyer's conduct is over the line.

Do not threaten to call the Bar Association: just do it. You'll get paid.

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Answered on 12/20/12, 11:50 am


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