what are the rights of the sub landlord in canceling a month to month lease?

Asked by jsinky01, NoLita, New York, NY Wed Feb 22, 2012

I am the master lease holder on a lease that ends at the end of May. I had to move to a larger apartment due to circumstances and subletted the apartment . My tenant pays his rent on time but has been too much of a hassle to deal with and my neighbors have called me about noise issues. We have a lease that states he paid the first 4 months upfront and we agreed it would be on a month to month basis from February on.

I have an appointment with a lawyer through my school to review my contract with him on Friday but I'd like to try and collect some more information before I meet with him.

My question is;
The terms of the lease is now month to month and I do not want to rent to him anymore. As the sublandlord what are my rights if I want to cancel a month to month lease in Manhattan. I asked around and the general consensus is 30 day notice, and i don't even need to give a reason. I have looked online with no luck so I figured id ask here.

Thanks in advance for your responses

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Brandon Boga…, Agent, New York, NY
Tue May 8, 2012
30 days is a perfect amount of time given the circumstances he has put you and your neighbors through.

Could you update us on how this panned out and what your Lawyer said?? This could be great information to pass on....

Hope to hear back from you,
0 votes
Bruno Navarro, Agent, New York, NY
Sun Mar 11, 2012

You've already done what would be the best advice for someone in your situation: Speak with a real estate lawyer.

New York can be a tricky legal landscape to navigate, and only an attorney will be able to properly advise you and help you avoid potentially costly headaches.

Best of luck!

Bruno J. Navarro
Licensed Real Estate Salesperson
BOND New York Properties, LLC
1776 Broadway, 19th Floor
New York, NY 10019
212.804.8948 mobile
270.675.9195 fax
0 votes
Joseph Runfo…, Agent, Staten Island, NY
Thu Feb 23, 2012
Hello jsinky01, Do seek the advice of an attorney. To terminate a month to month(periodic estate), either the landlord or the tenant must give proper notice. New York City requires 30 days notice. Notice must be given at least one day before a date which rent is due. If rent is due on March 1, the landlord who wants the tenant to vacate by April 1 must give notice no later than February 29.
Web Reference:  http://www.clovelake.com
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First Last, , 90002
Thu Feb 23, 2012
You're taking the right step by speaking with an attorney. The right answer is indeed 30 days notice by either party. This is a test question in real estate licensing courses for brokers and salespersons.

Evicting people in NYC can be tricky, however. If your tenant is savvy and doesn't want to leave things could get quite complex for you. So, definitely get a clear and specific exit strategy from your legal advisor--step by step. Best of luck to you,

Karla Harby
Lic RE Salesperson
Charles Rutenberg LLC
0 votes
Anna M Brocco, Agent, Williston Park, NY
Wed Feb 22, 2012
Since none of us really knows the lease details, rather than relying on any online information, discuss all your concerns with your attorney; he/she can best advise...
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Don Tepper, Agent, Burke, VA
Wed Feb 22, 2012
Check with your lawyer. Don't rely on "the general consensus" unless those providing it are lawyers who've reviewed your lease.

Recognize you may not be able to get him out much before May in any case. And I don't know what tenant-protection laws may exist in New York. In some areas--such as Washington, D.C.--it can take months and months to remove a tenant who's on a month-to-month lease.

Good luck.
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