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Can I take rent for the month and give a 30 day notice on an month to month tenant.

Syracuse, NY |

I live out of town, my tenant went on a month to month. she tried to move in June and use her deposit as rent, she didn't move. she sent me rent on the 8th, but i sent her a 30day notice on the 6 is OK for me to take the rent and will my notice hold up. june 6 until july 6

Attorney Answers 3


Dear Syracuse Landlord:

When you demand rent by a 3 day notice and the tenant pays, the tenant satisfied the rent demand,

When you terminate the tenancy at the same time you risk confusion about wanting the tenant to stay or go.

Your attorney should be guiding you. You do not want to terminate the tenancy and commence a holdover only to have the judge toss the case because you demanded rent at the same time.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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It depends what day of the month she is supposed to pay rent. The 30 days coincides with the payment date, so if she is supposed to pay on the first, you notice to vacate on the 6th is not effective until almost two months later - August 1.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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You may want to contact a Syracuse landlord tenant attorney to help you with this. Timing is important.

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