Queens New York Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates

State:
New York
County:
Queens
Control #:
NY-1047LT
Format:
Word; 
Rich Text
Instant download

Description

This is a notice from landlord to tenant to advise tenant of the breaches of tenant's obligation to limit and control the conduct of tenant, tenant's family members and guests. This notice states that tenant is disturbing the quiet and peaceful enjoyment of neighbor's premises.


Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. "Quiet" is not restricted to an absence of noise; it has been interpreted as "uninterrupted". A tenant's remedies for breach of his/her quiet enjoyment are damages and injunction.


Quiet enjoyment is a common law concept, which case law has given its definition. Even without rising to the level of a constructive eviction and requiring the tenant to vacate the premises, such interferences may deprive the tenant of expectations under the lease and reduce the value of the lease, requiring an award of compensatory damages.

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FAQ

Proper notice A landlord can end a tenancy only for the reasons allowed by the Act. In most cases, the first step is for the landlord to give the tenant a notice in writing that they want the tenant to move out. The proper forms a landlord must use for giving a notice to end the tenancy are available from the Board.

In New York 5 Page 9 City, 30 days' notice is required, rather than one month. Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings.

A landlord must serve the Two Month Notice to End Tenancy so that it's received: At least two months before the effective date of the notice, and. Before the day that rent is due.

Your landlord has to give you a section 13 notice if they want to increase your rent. You can only get a section 13 notice if you have an assured shorthold tenancy or assured tenancy. You shouldn't get a section 13 notice if you have any other type of tenancy.

Your notice will not be valid if: you're not given enough notice. your landlord waits too long to apply to court. you receive the notice during the first 4 months of your original tenancy.

The landlord must give the tenant at least 1 weeks notice of termination. The tenant does not need to pay rent for any period where the premises is uninhabitable.

? If you have lived in your apartment two years or more, or if you have a two-year lease, your landlord must provide you with 90 days advance written notice before raising your rent or not renewing your lease.

In order for a Notice of Termination to be valid, it must: Be in writing (an email will not suffice). Be signed by the landlord or their authorised agent, as appropriate. Specify the date of service. This is the date the notice is posted, or hand delivered.

Termination without grounds ? without a reason If the agreement is not terminated at the end of the term, it continues as a periodic agreement. If the landlord/agent wants to end your agreement at the end of the fixed term, they must give you at least 30 days notice that includes the last day of the term.

Notice periods Length of tenancyNotice that the landlord must giveLess than 6 months90 days6 months or longer but less than 1 year152 days1 year or longer but less than 7 years180 days7 years or longer but less than 8 years196 days1 more row ?

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Queens New York Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates