I receive a 30-day notice to leave premises because the leasing office said there is footage showing someone in my backy

Question

I receive a 30-day notice to leave premises because the leasing office said there is footage showing someone in my backyard smokes.  I don’t smoke nor does anyone on my lease smokes.  When I asked to have this fixed the leasing office said the lawyer will call me no call

Steven Warren Smollens · Answer

Dear Huntington Station Tenant: 
 
There is no thirty-day tenancy termination notice in New York State for a month-to-month tenant other than in NYC. A landlord in all parts of New York State cannot end a tenancy without a lease except by the procedure provided in NY State Real Property Law [https://www.nysenate.gov/legislation/laws/RPP/226-C].

James L. Arrasmith · Answer

If you've received a 30-day notice to vacate based on allegations that are inaccurate, it's important to address this with your leasing office formally. Request the purported evidence of smoking and any incident reports in writing. If they are unresponsive, consider sending a certified letter to document your request and the inaccuracy of the claim. If a lawyer is involved, you have the right to speak with them; if they do not reach out as promised, attempt to contact them directly. 
 
If the situation isn't resolved through communication with the leasing office or their lawyer, you may need to seek legal advice. An attorney can assist you in disputing the eviction notice and may be able to represent you in housing court if necessary. Keep all correspondence with your leasing office for your records. Remember that tenants have rights, and the eviction process must be carried out lawfully; you may be able to challenge an improper notice or unsubstantiated claims against you.

Q: I receive a 30-day notice to leave premises because the leasing office said there is footage showing someone in my backy