Source: The New York Landlord's Law Book-2nd Edition

Author: Attorney Mary Ann Hallenborg 

If you want a month to month Tenant to move out, you must first end the tenancy by giving the proper amount of notice. You do not have to give the Tenant a special reason, or any reason @ all, for terminating the tenancy. You can end a month to month tenancy if the tenant makes too much noise, refuses to permit entry for inspections or repairs, pays rent late in the month or if you simply want the unit back for occupancy by you, a family member or a friend. You can't be forced by a Tenant or a Judge to give your reason for termination of the tenancy. In fact, you do not even need to have a reason for terminating, as long as you are not ending the tenancy for a discriminatory or retaliatory reason. 

All you need to do is give the Tenant the prescribed amount of notice that the tenancy is ending. (1 month outside of New York City) After the notice period ends, the Tenant no longer has the legal right to occupy the premises. State Law specifies the minimum amount of notice you must give and the way you must give the notice to the Tenant. (1 month outside of New York City) If the Tenant's Rental Agreement requires more notice than the legal minimum, you must comply with the Rental Agreement.  

Be sure your Notice is clear, definite and timely. Defective termination notices are routinely subject to attack by Tenants in eviction proceedings. Courts rarely give Landlords a chance to fix any errors or omissions. If there is a mistake, your case could get thrown out. That means you must start all over against the Tenant with a new termination notice.

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This web page was updated on 03/31/2004.