New York, NY asked in Landlord - Tenant and Real Estate Law for New York

Q: I have a month to month lease in a commercial space. Can I leave with less than 30 days notice to landlord?

I have a 6 month trial commercial lease. Started Dec1, 2022. With a three month guarantee and there after month to month basis. After June 2023, it would renew if no notice was given within 30 days from tenant to be a year lease. I would like to leave at the end of March 2023 today I would like to give landlord notice that I want to leave. All rent is paid up to date. Do I have to give a 30 day notice or can I just tell landlord in writing that I want to vacate before the next month April goes into effect without penalties? I can no longer work under the commercial lease because landlord is very volatile and confrontational. Need to be removed of this location asap.

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: The terms seem a little unusual, but whatever you agreed will govern. If the lease is month to month, no notice is required as a matter of law. Just do not pay April, and leave by March 31. However, if your document requires something different, that will govern.

Steven Warren Smollens and Peter J. Weinman agree with this answer

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