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For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York 5 Page 9 City, 30 days' notice is required, rather than one month.
All holdover tenants are given a written notice to vacate. The landlord must serve this written notice on the tenant at least 14 days before the eviction date, which is also listed in your notice. You must also state that if your tenant does not leave by that time.
For a tenant that's been in possession of the premises for 2 years or more, the notice must give at least a 90-day notice for tenant to vacate before commencing the eviction case.
Tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts a rent payment (Real Property Law § 232-c). A month-to-month tenancy may be terminated by either party.
The owner must give written notice of renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires. A failure of the tenant to respond within 60 days of the offering may lead to eviction proceedings.
If the tenant does not vacate after the expiration of the thirty days, the landlord's counsel can proceed with a holdover eviction action in the appropriate local forum. At this point, the parties, through their attorneys, may attempt to negotiate a resolution to the situation.
Tenants in New York cannot be denied based on past legal conflicts with a landlord (for example, if they have previously sued a landlord). Landlords in New York are also not allowed to charge any additional fees for the processing, review, or acceptance of an application.
Landlords are required to provide notice to tenants if they intend to raise rent more than five percent or if they do not intend to renew the lease. The landlord must provide such notice at least: 30 days in advance of renewal if a tenant has lived in the apartment less than one year and has less than a 12-month lease.