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lindalou525 · May 27, 2009, 09:51 AM

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.

this8384 · 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.

lindalou525 · 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."

this8384 · 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.

lindalou525 · 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.

this8384 · 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.

lindalou525 · 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."

this8384 · 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.

lindalou525 · 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?

this8384 · 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.

JudyKayTee · May 27, 2009, 01:34 PM

Originally Posted by lindalou525

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.

His agent is right - you need to give the landlord 30 days notice because you did not pay or vacate within the 3 days, as demanded.

I didn't read through this whole thread, quite frankly, but if this is a lease it is still in effect the landlord can demand that you pay until the end of the lease, although he does have to try to find another tenant and mitigate his damages.

The landlord did NOT terminate the lease. He tried to get you out and end the lease with a 3-day notice. You did not leave. The lease is still good.

And, yes, I'm in NY.

lindalou525 · May 27, 2009, 01:42 PM

Honestly, your answer was quite rude. I'm perfectly capable of understanding an intelligent answer. Perhaps I was looking for a reference to my question other than "because I said so."

Maybe another poster can help me. 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?

lindalou525 · May 27, 2009, 01:44 PM

Thank you, JudyKayTee. I appreciate your response.

JudyKayTee · May 27, 2009, 01:44 PM

Originally Posted by lindalou525

Honestly, your answer was quite rude. I'm perfectly capable of understanding an intelligent answer. Perhaps I was looking for a reference to my question other than "because I said so."

Maybe another poster can help me. 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?

Rude? I'm rude? You keep asking the same basic question and won't accept the answer.

I answered you. I'm in NY. I own property. I'm a landlord. You didn't vacate in the 3 days as demanded. The lease is still in effect. You need to give 30 days notice or else you owe rent.

YES, THIS IS LEGAL.

lindalou525 · May 27, 2009, 01:50 PM

No, I was replying to the other poster where she asked me why I wasn't capable of understanding. THAT was the post I thought was rude, and you will note that I thanked you (JudyKayTee) for your response. Of course, that was just before you called me ridiculous. I'm sorry if you feel I'm ridiculous for asking for a reference concerning the law, or for thinking that the lease was terminated when I was served with a paper that indicates in writing that the lease has been terminated.

this8384 · May 27, 2009, 01:50 PM

Originally Posted by JudyKayTee

YES, THIS IS LEGAL.

Yes, but can you PROVE it? ;)

I vote that the thread be closed. The OP has been given the legally accurate answer seven times and keeps asking for an answer. Oh, and she tries to imply that you and I are the ones with attitude problems... lovely.

this8384 · May 27, 2009, 01:51 PM

Originally Posted by lindalou525

No, I was replying to the other poster where she asked me why I wasn't capable of understanding. THAT was the post I thought was rude, and you will note that I thanked you (JudyKayTee) for your response. Of course, that was just before you called me ridiculous. I'm sorry if you feel I'm ridiculous for asking for a reference concerning the law, or for thinking that the lease was terminated when I was served with a paper that indicates in writing that the lease has been terminated.

NY state law says you have to give 30 days notice. I told you this 5 times. Judy told you this twice. You keep saying, "But why?"

Am I rude? I don't think so... frustrated, absolutely.

JudyKayTee · May 27, 2009, 01:53 PM

Read the paper again. Otherwise, time to close.

lindalou525 · May 27, 2009, 02:00 PM

I thought I had asked an appropriate question, and had asked appropriate follow-up questions. 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.

this8384 · May 27, 2009, 02:10 PM

Originally Posted by lindalou525

I thought I had asked an appropriate question, and had asked appropriate followup questions. 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.

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