 | | | Do I still have to give 30 days notice after being served a 3-day notice?
Asked May 27, 2009, 09:51 AM
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28 Answers My landlord served me with a 3-day notice which is titled "3-day notice to pay rent or lease terminates." I didn't pay the back rent in that time, so is the lease terminated? I am planning to move within a few weeks, on June 15, and have given him written notice of that, but his agent is now telling me that under NY law I have to give a full 30 days notice. Do I still have to give a full 30 days notice even though he effectively terminated the lease himself? Thank you.
Thread Summary |
28 Answers
 | Ultra Member | |
May 27, 2009, 09:55 AM
| | | You still have to give 30 days notice. Just because you didn't pay rent and he gave you a 3-day notice doesn't mean the rules change. | | | | New Member | |
May 27, 2009, 09:58 AM
| | | I wasn't sure if I still had to give the 30 days notice because the 3-day notice he gave me states that if I fail to pay the full amount in that 3 days the "lease will be terminated and you must surrender possession of the premises to the landlord." | | | | Ultra Member | |
May 27, 2009, 10:01 AM
| | | Right, but you didn't do that - you stayed in the apartment. So you're still a tenant, and you still have to provide a 30-day notice.
You still have to pay the back rent and if you don't, you'll probably get sued. | | | | New Member | |
May 27, 2009, 10:14 AM
| | | I plan to pay the entire amount of rent due. I just don't understand why I would now need to give a 30-day notice, when he in effect was the one who terminated the lease. | | | | Ultra Member | |
May 27, 2009, 10:18 AM
| | | The lease was not terminated. The landlord gave you the option to either a)pay the rent or b)leave. If you didn't do either, it would have been up to the landlord to then file for eviction.
So you are still legally a tenant, and still have to give 30 days notice. If you gave notice in the middle of May, you'll probably be liable for June rent as well, unless they can find someone to move in sooner. | | | | New Member | |
May 27, 2009, 12:54 PM
| | | I thought the lease terminated because it specifically states "If you fail to tender the full payment, your lease will be terminated and you must surrender possession of the premises to the landlord." | | | | Ultra Member | |
May 27, 2009, 01:04 PM
| | | Well, we can keep going in circles or you can accept state law. Whether the lease was terminated or not is completely irrelevant. Hundreds of thousands of people have no written lease - they still have to give the notice as required by their state law. | | | | New Member | |
May 27, 2009, 01:23 PM
| | | OK. Wow. I'm certainly not trying to "go around in circles" with you. He has basically demanded the return of the house, and that's what I'm doing. I'm just not sure why I would still have to give a 30-day notice, when he's already demanded that I leave. Do you have anything I can reference in regard to this, where a tenant is leaving after a 3-day notice but before an eviction? | | | | Ultra Member | |
May 27, 2009, 01:25 PM
| | | What part of "state law" are you not understanding? The state of New York requires a tenant to give their landlord 30 days notice.
Yes, he demanded the house - but you did not provide the house by the date he demanded. Now, he can file for eviction if he wants to. None of that changes what the state law is. | | |
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