do i need to give a reason for eviction with a month to month lease?
Real Estate Attorney
A month to month lease only requires 30 days notice to quit , and no reason or justification is required. You must give a month's notice to quit, and the notice must be given before the first day of the term. So if the tenant has a lease that says it's "month to month" and the rent is due on the 15th of each month, you must give the 30 day notice before the 15th.
If it is an oral lease, things go by statute. If it is a written lease, you have to abide by the written terms. In either event, there is no obligation to rent beyond the current month if notice is given before the beginning of the current month.
Please remember that this is free advice given on a very limited amount of information. You can't rely upon it, or impose an attorney client relationship on me without retaining my services.
Landlord / Tenant Lawyer
Dear what is the definition of a month to month tenancy?
Generally, a month to month tenancy, is a tenancy created after the expiration of a lease, or created at inception of a landlord and tenant relation, whether by a written or oral agreement, and requires both the holding over by the tenant after the lease and acceptance of rent by the landlord. Regardless of the rental period prior to the month to month, all month to month tenancies run from the first day of the month through the last day of the month, unless agreed to otherwise.
The definition is provided by a statute, New York State Real Property Law section 232-c.
§ 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.***"
New York does not require any reason from the landlord to the tenant or from the tenant to the landlord to terminate a month to month tenancy, anywhere in the state but for New York City.
New York 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 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.