A tenancy from month to month is one under which a tenant, holding an estate in land for an indefinite duration, pays a monthly rental. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a month-to-month tenant after the tenant has been give the statutory notice to quit (e.g., to give up or leave) the premises.
A "New York Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant" is a legal document filed by a landlord in New York to initiate legal proceedings for the recovery of leased premises from a month-to-month tenant who has been given a statutory notice to quit. In New York, there are various types of Complaints to Recover Possession, including: 1. Nonpayment of Rent: This type of complaint is filed when the tenant fails to pay the rent owed within the specified timeframe after receiving a notice to pay rent or quit. The landlord seeks to regain possession of the premises and recover any outstanding rent. 2. Holdover Tenancy: This type of complaint is filed when a month-to-month tenant remains in possession of the leased premises after the lease has expired or been terminated. The landlord seeks to terminate the tenant's occupancy and regain possession of the premises. 3. Breach of Lease Terms: This type of complaint is filed when the tenant violates certain terms of the lease agreement, such as subletting the premises without permission, causing nuisance or damage, or engaging in illegal activities. The landlord seeks to terminate the tenancy and recover possession. 4. Termination of Non-Primary Residence: This type of complaint is filed when the landlord seeks to recover possession of a leased premise used by a tenant as a non-primary residence, in accordance with New York City's Rent Stabilization Law. A New York Complaint to Recover Possession typically includes the following information: — The names and addresses of the landlord and tenant — The address of the leased premise— - A detailed description of the lease agreement and its terms — The specific grounds for the complaint (e.g., nonpayment, holdover tenancy, breach of lease terms) — The statutory notice to quit served on the tenant — The request for the court to grant possession of the premises to the landlord — Any other relevant facts or documentation supporting the landlord's claim It is important to consult an attorney or legal professional familiar with New York landlord-tenant laws for guidance on the specific type of complaint to file and the appropriate legal procedures to follow.
