Own rental apts. on Middle rd. Oswego NY 13126
Your question is very vague, so additional information would be helpful. However, if your tenant is a month to month tenant, he/she must provide the same amount of notice (one month) as you would have to provide as the landlord. If you had a lease, you should review that for a provision that provides for termination of the month to month tenancy on other terms.
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Landlord / Tenant Lawyer
Dear Oswego Tenant? Landlord?
Outside New York City, one law applies to the entire rest of New York State relating to the right of a landlord or of a tenant to provide notice to the other to end a month to month tenancy.
Real Property Law Section 232-b provides:
"*** § 232-b. Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. A monthly tenancy or tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the landlord or the tenant
upon his notifying the other at least one month before the expiration of the term of his election to terminate; provided, however, that no notification shall be necessary to terminate a tenancy for a definite term.***"
The law for tenancies outside New York City requires a one month notice. Unlike the law that applies to termination of month to month tenancies within NYC that requires a written thirty day notice served in the same manner as a "notice of petition and petition", the termination statute for month to month tenancies outside NYC does not mandate that the notice is in writing (although as a practical matter how one would prove given notice unless it is written), and does not specify the mechanism for proper service and requires a one month notice versus thirty days in NYC.
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.