Found an issue on this page? Let us know and we will look into it as soon as possible.
Our landlords had us served with a 30 day to vacate notice, my friends mom is a landlord /tenant lawyer and she told us that we
Anonymous5 views1 answers
do not have to pay the rent for the month that remain here before we are tossed out. I believe that she is correct that if she accepts money she will have to start the process over again. She is a partner in the firm and I believe her but I really want to make sure this is correct. We were given to reason why we have to leave, she called on June 2nd screaming for the rent. which was paid on the 3rd..which maybe thats a couple days late but that is ridiculous. She also does not live on the property her home is around the corner another address and she places a catholic statue in our yard, I put a garden statue out and she came over screaming at us making up crazy insinuations we were talking about her on social media etc..we have a 5 year old and finding a place now is essential.
Dear Mechanicville Tenant:
If the tenancy is month to month (that means no current lease for a term longer than one month) a New York landlord is permitted to choose to end the tenancy without need for stating or needing any reason as long as the landlord provides at least one month advance notice to the tenant. In order to end a tenancy on June 30, 2014 the landlord must deliver (serve) the notice before the start of June to provide the one month notice. Rent for the month of June is still due on June 1 since the tenancy ends on June 30. If the landlord takes rent on July 1 and before starting the holdover lawsuit, then the tenant has a defense to the eviction case based on the landlord creating a new monthly tenancy. The defense that the landlord "vitiated" the termination notice by accepting rent after the termination date but before the start of the lawsuit must be stated as an affirmative defense in a written verified answer to the petition to place the issue squarely before the court, or in a pre-answer motion to dismiss. But the fact that June 2014 is the last month of the tenancy does not end the tenant's obligation to pay rent for that last month.
See the statute (New York Real Property Law 232-b):
">>>A monthly tenancy or tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the landlord or the tenant upon his notifying the other at least one month before the expiration of the term of his election to terminate; provided, however, that no notification shall be necessary to terminate a tenancy for a definite term.>>>"
See more at: http://codes.lp.findlaw.com/nycode/RPP/7/232-b#sthash.m5Q83YJX.dpuf
