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Notice to End a Fixed Term Lease, NYC Real Property Law Sec. 232-a

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  • 05-07-2013, 10:30 PM
    an0n
    Notice to End a Fixed Term Lease, NYC Real Property Law Sec. 232-a
    My question involves landlord-tenant law in the State of: New York // New York City

    I could not find a clear indication whether a NYC landlord must always give 30 days' notice if they do not intend to renew an (unregulated) NYC fixed-term lease. Section 232-a of Real Property Law says:
    Quote:

    § 232-a. Notice to terminate monthly tenancy or tenancy from month to
    month in the city of New York. No monthly tenant, or tenant from month
    to month, shall hereafter be removed from any lands or buildings in the
    city of New York on the grounds of holding over his term unless at least
    thirty days before the expiration of the term the landlord or his agent
    serve upon the tenant, in the same manner in which a notice of petition
    in summary proceedings is now allowed to be served by law, a notice in
    writing to the effect that the landlord elects to terminate the tenancy
    and that unless the tenant removes from such premises on the day on
    which his term expires the landlord will commence summary proceedings
    under the statute to remove such tenant therefrom.
    What does "monthly tenant" mean? A tenant who pays rent every month (as agreed in a written fixed-term lease)? Or did the legislator stutter and mean exactly the same thing as a "tenant from month to month" which I understand covers mostly oral contracts?

    Thanks,

    a.
  • 05-08-2013, 08:19 AM
    adjusterjack
    Re: Notice to End a Fixed Term Lease, NYC Real Property Law Sec. 232-a
    I assume by "unregulated" you mean not subject to NYC's rent stabilization laws.

    I do not believe that 232-A applies to leases.

    A lease is a lease. It has a starting date and an ending date. If there is no provision in the lease for notice of renewal or non-renewal then there is no obligation for such notice and your tenancy ends without notice on the last day of the lease period.

    Take a look at:

    Section 232-C Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent.

    Where a tenant whose term is longer than one month holds over after the expiration of such term, such holding over shall not give to the landlord the option to hold the tenant for a new term solely by virtue of the tenant's holding over. In the case of such a holding over by the tenant, the landlord may proceed, in any manner permitted by law, to remove the tenant, or, if the landlord shall accept rent for any period subsequent to the expiration of such term, then, unless an agreement either express or implied is made providing otherwise, the tenancy created by the acceptance of such rent shall be a tenancy from month to month commencing on the first day after the expiration of such term.

    If you are still in the rental one day after the last day of your lease, the LL can decline your rent and evict you through proper process, accept your rent and allow month-to-month, or require a new lease at whatever rent he decides to charge.

    If you are coming up toward the end of your lease I suggest you call up the landlord and ask him if he wants to renew or not. Hard to believe you haven't done that already.
  • 05-11-2013, 11:09 AM
    an0n
    Re: Notice to End a Fixed Term Lease, NYC Real Property Law Sec. 232-a
    @adjusterjack

    OK fine 232-A doesn't apply to leases longer than 1 month

    Now let me ask you a question: suppose LL wants to terminate an unregulated lease early for breach; and suppose for good measure that T was not aware of this breach because LL never gave copy of the lease. Can LL immediately start a court proceeding without sending T any kind of prior notice, if only to give T some time to relocate?

    a.
  • 05-11-2013, 12:54 PM
    adjusterjack
    Re: Notice to End a Fixed Term Lease, NYC Real Property Law Sec. 232-a
    Quote:

    Quoting an0n
    View Post

    Now let me ask you a question: suppose LL wants to terminate an unregulated lease early for breach; and suppose for good measure that T was not aware of this breach because LL never gave copy of the lease. Can LL immediately start a court proceeding without sending T any kind of prior notice, if only to give T some time to relocate?

    I don't find anything in the statutes that requires the LL to give the tenant notice of a breach other than non-payment of rent.

    I've looked at the landlord tenant statute:

    http://codes.lp.findlaw.com/nycode/RPP/7

    And the summary proceedings to recover possession of real property.

    http://law.justia.com/codes/new-york...rpa/article-7/

    So it does appear that he could start a court proceeding at any time. However, he would have to follow the statutory requirements for the Petition and you would be able to file an Answer, raise your defenses and get a trial. That could take months so you would have time to relocate, or stay put and fight it out.

    What bothers me about your question is this:

    "LL never gave copy of the lease."

    That is not the LL's fault. It is your fault.

    Life lesson for today: NEVER SIGN ANYTHNG without there being a fully executed duplicate in front of you so you can take a copy with you. No excuses. Fail in that and you subject yourself to all kinds of unpleasant consequences.

    PS: the following website forum is a good resource for NY renters:

    http://www.tenant.net/phpBB2/

    By the way, so far your questions seem hypothetical.

    If there is something actually happening to you that raises these questions I suggest that you might get better help by providing the details.
  • 05-11-2013, 01:07 PM
    an0n
    Re: Notice to End a Fixed Term Lease, NYC Real Property Law Sec. 232-a
    thanks for all the resources -- I'll PM you with more details
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