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    klines2's Avatar
    klines2 Posts: 6, Reputation: 1
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    #1

    Jan 7, 2012, 10:29 AM
    Month-to-month notice?
    Montth to month notice NYS
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 7, 2012, 10:55 AM
    And your question is?

    We really can't help you without a clear explanation of what you are asking.
    klines2's Avatar
    klines2 Posts: 6, Reputation: 1
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    #3

    Jan 7, 2012, 11:05 AM
    Rent is due on the first, if notice is given on the 6th of January it is my understanding the term will end February 28th. Thanks
    klines2's Avatar
    klines2 Posts: 6, Reputation: 1
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    #4

    Jan 7, 2012, 11:08 AM
    Rent is due on the first. If notice is given on the 6th of January...
    Rent is due on the first, if notice is given on the 6th of January it is my understanding the term will end February 28th. Thanks
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #5

    Jan 7, 2012, 11:14 AM
    What state? Some are very specific about this and others are not. And some cities have their own laws in addition to or filling in gaps in state law. Also, are you asking as tenant or landlord, and what kind of lease is it?
    klines2's Avatar
    klines2 Posts: 6, Reputation: 1
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    #6

    Jan 7, 2012, 11:20 AM
    New York
    klines2's Avatar
    klines2 Posts: 6, Reputation: 1
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    #7

    Jan 7, 2012, 11:22 AM
    Landlord,Month-Month New York State>
    klines2's Avatar
    klines2 Posts: 6, Reputation: 1
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    #8

    Jan 7, 2012, 11:48 AM
    Rent is due on the first, if notice is given on the 6th of January it is my understan
    Rent is due on the first, if notice is given on the 6th of January it is my understanding the term will end February 28th. I am a landlord in NYS not NYC and this is a month-month with rent due on the first .
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #9

    Jan 7, 2012, 12:00 PM
    From the NY landlord-tenant handbook:
    'A month-to-month tenancy outside New York City may be
    Terminated by either party by giving at least one month's notice before the expiration of the tenancy. In New York City, 30 days' notice is required, rather than one month.'

    So if you are not in NYC, the tenant owes the full month of Feb too.
    (I can't find wording that will be crystal clear to your tenant, but I think it IS clear.)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Jan 7, 2012, 12:06 PM
    Also why are you giving them notice, have the paid the rent on the first and you want to evict for another reason.
    Or are you trying to evict for non payment of Jan rent that was due on 1st and still not paid.

    You are not really telling us what is going on, to put everything together and others are assuming the rent is paid and eviction for other reason
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Jan 7, 2012, 01:45 PM
    Yes, under NYS 232-b a calendar month notice is required.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #12

    Jan 7, 2012, 01:58 PM
    True! I just assumed that tenant gave notice on the 6th and LL feels they must pay rent for a full calendar month, but that's not necessarily the situation here.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #13

    Jan 7, 2012, 02:44 PM
    Threads merged in the future, please do not post the same question in multiple threads
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #14

    Jan 7, 2012, 04:04 PM
    PLeASE say WHO gave notice!
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