What is the procedure to evict a month to month tenant? I gave her a 72 hour rent demand and then a 30 day notice (which were both served by the local sheriff’s) What’s my next step? Thanks in advance.
Dear Amsterdam Property Owner
Your month to month tenant is entitled to a thirty day tenancy termination notice if the tenant did not reside in the building for more than one year. If more than one year the tenant is entitled to more notification.
The rent demand is now 14 days. The three day notice to pay rent is extinct.
If you properly terminated the tenancy the next step is commencement of the summary proceeding
Look up nys landlord eviction proceeding upstate NY Courts
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With the 2019 changes to the landlord-tenant laws, you can no longer “terminate” a month to month tenant in upstate New York. You are now required to issue a notice of your intent not no renew the month to month tenancy. The amount of notice required depends on how long the tenant has been in possession of the apartment. If in possession for a year or less, than 30-days notice is required. If in possession for more than 1 year, but less than two years, a 60-day notice is required. If in possession for more than 2 years, then 90-days notice is required. Note that the upstate courts have taken the position that the 30 days is a calendar month and not 30 60 or 90 days from the service of the notice and as such must be served before the end of a calendar month. Additionally, the service requirements are strictly reviewed for compliance with the statutes. I highly recommend that you engage the services of an attorney who is fully familiar with the new landlord-tenant laws.
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