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In New York State does a tenant have to give a 30 day notice to the landlord?

Oswego, NY |

Own rental apts. on Middle rd. Oswego NY 13126

Attorney Answers 2


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.

Good luck!

The responses, information and materials on this Web site are provided for general informational purposes only and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information provided is general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this Web site or in my response is intended to substitute for the advice of an attorney, therefore if you require legal advice please consult with a competent attorney licensed to practice in your jurisdiction.

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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.

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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