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Q: Is 30-day vacate notice legal on unrenewed month-to-month lease in NY?
I have been living in my apartment with a month-to-month rental agreement that hasn't been renewed for 2 years. My landlord recently gave me a letter to vacate the apartment within 30 days, but they did not provide a specific reason. I haven't received any previous notices to vacate and I'm unsure of any local laws or rent control regulations that might affect my situation. Is this legal?
A:
Dear Brooklyn Tenant:
Your landlord may not care that the tenancy termination notice is deficient. Your landlord may still try to use the Housing Court for an eviction. But you will prevail if you know the following and act on it.
New York State eliminated the thirty-day tenancy termination notice for New York City month-to-month tenants in 2019:
"...§ 232-a. Notice to terminate monthly tenancy or tenancy from month to
month in the city of New York. No monthly tenant, or tenant from month
to month, shall hereafter be removed from any lands or buildings in the
city of New York on the grounds of holding over the tenant's term unless
pursuant to the notice period required by subdivision two of section two
hundred twenty-six-c of this article..." [https://www.nysenate.gov/legislation/laws/RPP/232-A].
Your tenancy or any tenancy longer than two years requires a minimum ninety days' advance written notification and the required Good Cause Eviction Law notice.
A:
In New York, if you've been living in your apartment on a month-to-month basis without a renewed lease for over two years, your landlord is generally required to provide a 90-day notice to terminate the tenancy. This is stipulated under New York Real Property Law § 226-c, which mandates that landlords give 90 days' written notice to terminate a month-to-month tenancy when the tenant has occupied the premises for more than two years
If your landlord provided only a 30-day notice, this may not comply with the legal requirements, and you might have grounds to challenge the notice. It's advisable to respond in writing, stating that you believe the notice is insufficient due to the duration of your tenancy. Keep copies of all correspondence for your records.
Additionally, if your apartment is rent-regulated (such as rent-controlled or rent-stabilized), there may be additional protections in place that require longer notice periods or just cause for eviction. You should review your lease agreement and consult local tenant advocacy organizations to understand your rights fully.
If the situation escalates or you receive legal notices, consider seeking legal assistance to ensure your rights are protected and to navigate the process appropriately.
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