Legal Question in Real Estate Law in New York
Tenant/Landlord Issues
Even though my tenant does not have a lease, isn't she required by law to give me 30 days notice before moving out?
2 Answers from Attorneys
Re: Tenant/Landlord Issues
It depends. If there is no oral or written lease, then the type of tenancy is determined by how the rent is paid. If it is paid monthly, then it is a month to month tenancy. There is really no notice requirement, because the term ends after thirty days. A new term begins when the next rent payment is made. RPAPL 700s has all the technical requirements. As a practical matter, always use a written lease. It does not have to be elaborate, a one page document spelling out when the rent is due and what notice the tenant is required to give the landlord to terminate. You can get a form at a business supply store for a couple dollars.
Re: Tenant/Landlord Issues
You are correct. NY law for mnth to month tenancies (Real Prop Law 232-a for NYC and 232-b for the rest of NYS) require a 30 day/1 month notice of termination and the requirement runs both from LL to tenant and tenant to LL
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