Ask Me Help Desk - Do I still have to give 30 days notice after being served a 3-day notice?

Quote:

Originally Posted by this8384

https://www.askmehelpdesk.com/real-e...ml#post1761085

I'm not sure why you gave me a link to my own post?

This lease termination via notice of 3 day pay or leave did not happen because you neither paid the whole amount owed or moved out within the 3 days.

The lease continued when you did not move within 3 days. Since the lease is still in effect, you now have to follow the law and give 30 days notice.

It's like looking at a pile of spaghetti noodles on your plate. The "law" says, "eat them all." But you left two. Yeah, it's only two noodles, and you're full... Just eat them, the law does not care if you're full or gluten intolerant.

Because you keep arguing the same thing.

Thank you, Simonaugie, for your answer. I definitely appreciate it.

And, no, This8384, I was not arguing with anyone. I was trying to understand the law regarding this situation, which is obviously why I posted the question to begin with.

Quote:

Originally Posted by lindalou525

Thank you, Simonaugie, for your answer. I definitely appreciate it.

And, no, This8384, I was not arguing with anyone. I was trying to understand the law regarding this situation, which is obviously why I posted the question to begin with.

Oh, my bad. When you receive the same answer over and over and over and over again, only to respond, "Why should I have to?" it comes off as arguing.

I'm sorry, then. I thought I had asked a question on a forum where I could have an intelligent conversation and possibly be given a reference to an actual law, not a forum where responses would be so juvenile as to include "my bad." And if you re-read the entire thread, no I did not continue to ask the same questions. You continued to say that I would owe rent, which I completely agree that I do. That was never the question. Your responses were basically "because I said so." You made no reference to an actual law dealing with a 3-day notice. You just implied that I was too ignorant to understand what you were saying. Perhaps if you spoke more intelligently, you would be easier understood. There was no need for you to become rude. You could have simply passed on the thread and not responded.

Quote:

Originally Posted by lindalou525

I'm sorry, then. I thought I had asked a question on a forum where I could have an intelligent conversation and possibly be given a reference to an actual law, not a forum where responses would be so juvenile as to include "my bad." And if you re-read the entire thread, no I did not continue to ask the same questions. You continued to say that I would owe rent, which I completely agree that I do. That was never the question. Your responses were basically "because I said so." You made no reference to an actual law dealing with a 3-day notice. You just implied that I was too ignorant to understand what you were saying. Perhaps if you spoke more intelligently, you would be easier understood. There was no need for you to become rude. You could have simply passed on the thread and not responded.

When 3 separate people are all quoting NY law yet you don't seem to comprehend, we become juvenile? Absolutely amazing.

Yes, you did ask the same question(s):

Quote:

Originally Posted by lindalou525

Do I still have to give a full 30 days notice even though he effectively terminated the lease himself?

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Originally Posted by lindalou525

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.

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Originally Posted by lindalou525

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."

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Originally Posted by lindalou525

I'm just not sure why I would still have to give a 30-day notice, when he's already demanded that I leave.

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Originally Posted by lindalou525

The landlord has given me what I understand to be a notice to move out and vacate the premises, and has then later told me that I need to provide him a 30-day notice. Is this legal?

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Originally Posted by lindalou525

I understand a 30 day notice is generally required in NY state, but because the landlord had given me notice, I don't understand why I also have to give notice to him.

If you're going to keep "not arguing" then go pay an attorney to tell you the SAME THING you were told here for free.

Closed. Becoming argumentative.

Because I can, I'm going to add a summary here.

The problem Linda is that you misunderstand what the 3 day notice represented. Its not a pay or terminate it's a pay or vacate! So it tells you that you have to pay in full or move out. Such a notice is the FIRST step in the eviction process. When the 3 day notice expires the landlord can then file for an eviction order. But the lease still remains in effect until an eviction order is issued.

Because you gave a move out date, I suspect the landlord decided not to pursue an eviction because you promised to be out in about the time (or less) it would take to get an eviction order.

But the lease is still in eefect and you are required to give 30 days notice of a move, which, in effect, obligates you for rental for the full 30 days notice.

Now its possible that previous posters should have explained these details to you. But you asked if you had to give 30 days notice and you were told you did. You kept asking the same question over and over. So your comments about the responses you got were more your issue then the responders.