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I am the lease holder On an apartment in NYC which is non rent stabilized. I would like to give one of my tenants 30 day notice

Brooklyn, NY |

do they have any rights to refuse my notice?

Attorney Answers 2


No, but does your sub-tenant have a written lease?

I may be guessing or not licensed in your state. No atty/client relationship exists. I earn my living collecting points for "helpful" answers.

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i am the sole lease holder of a five bdrm apt in brooklyn. i have a a rental agreement in writing signed by my self and each tenant stating it's a three month minimum after which it is month to month with a 30 day notice by either party. i'm assuming the only thing they can do is refuse and then be evicted legally. BUt wanted to be sure before i gave them notice

Peter J Weinman

Peter J Weinman


It's not a matter of them refusing the notice, you need to have the notice served upon them - hopefully by a licensed process server. You should probably sit and speak with a local attorney who will review your lease, listen to the fact, and advise you accordingly.


Dear Brooklyn Tenant:

If you go to court you run the risk of losing your apartment. A New York City tenant is allowed one roommate only. The number of bedrooms in the apartment is not relevant and has nothing to do with the legal right to have a roommate, because the roommate law restricts the right of the tenant to one roommate only.

When you discuss your desire to end the "tenancy" of one of your roommates with an attorney you may come up with an alternate method than a judicial proceeding.

From the outside the number of other people residing with you in the apartment may be cause to consider that you converted the apartment to an unlicensed hotel, boarding house or single room occupancy dwelling. Any of those scenarios could allow the landlord the right to terminate your lease and to seek you eviction in Housing Court.

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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