[ibkathy]

My son has a month-to-month lease. His landlord has given him notice that he has 30 days to vacate the premises (noise complaint), which is in accordance with the lease terms. However, the notice was given to him on September 7th and stated he must vacate the premises by October 7th. If I understand it correctly, NY law requires that the 30 day notice would take effect on the last day of the rental month. Since the rent is due on the 1st of each month, in this case, September 1, and was paid on that date, the eviction would be effective November 1st, not October 7th as the landlord has advised. If I am correct, could you please give me the particular law, paragraph, etc. so that I may find it and present it to the landlord. If I am incorrect, please let me know that as well.

We expect that our son will be out by the 7th of October, but housing is not very prevalent this time of year and we'd like to have our bases covered just in case he is unable to find another place within the allotted time.

Thanks.
Kathy

[this8384]

I'm not in NY, but I've never heard of a notice to vacate only being valid on the last day of the rental month. If he was provided the notice on the 9/7, then he needs to be out by 10/7. However, I'd make sure that he's out before 10/1 to ensure that the landlord doesn't try to keep his deposit as October rent, seeing as he would technically still be in the apartment in that month.

[rockinmommy]

There is a link to each state's landlord / tenant laws in a sticky at the top of this forum. You can check there for your state's laws and/or just do an internet search for "New York state landlord tenant law". You should get several links to the property code.

Does he have a written lease? You'll want to consult that, too. A lot of specifics like dates for notices, etc, and dictated by the lease, as long as the lease doesn't violate the law. So you'll want to see what that says, as well.

[siennasister]

I am 60 years old and I have allowed my 41 year-old son to move (again) into my one bedroom apartment and sleep on my sofa. He has been verbally abusive and has a 4 1/2 year old daughter that he has been granted visitation every other weekend at my house. He does not work, I don't know if he is even looking for work, he gets $200 in food stamps in which he runs out in a week (I don't know if sells them or what), and what really gets on my nerves, he disrupts my sleep my coming in between 3am - 5am every night. He told me if I have him evicted (which I did once before through the court) that I would never see my granddaughter again. I want him out of my house. What can I do?

[LeahNicole086]

I would look into GRANDPARENTS RIGHTS through NYS... Or go through the mother of the child and see the child through her if that is who the child resides with. Grandparents have rights too!

[handyman4all]

Ya Kathy the law does state something like that but it just another way for your son to rip someone off a month of Rent. How would you like to work for a Month for someone and at the end of the Month your Employer doesn't pay you? No one would like that so why are you looking to have your Son do the same to someone else? Its Not Right... Never

[LILL]

Hey "handyman"... please do not respond to posts that are over 3 years long. I'm sure the issue has been resolved. Plus.. your post give no legal advise... your just looking to chastise the poster.