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mikehende

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Posts: 3
Reply with quote  #1 
Hey guys, I am getting different info on this so would like to inquire here please. One source is telling me that in a month to month tenant situation a landlord can give a 30 day notice for the tenant to vacate.

However a friend of mine here in NY said that's hogwash, it does not matter whether whether the tenant has a lease or is living under month to month conditions. If you give them a 30 day notice and they don't move you will still have to end up going through the normal eviction process which will take an average of up to 6 months.

So what's the reality of the 30 day notice please?
LLinVA

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Posts: 216
Reply with quote  #2 
The 30-day notice is just the piece of paper telling them you are ending the lease. If they follow it, they will be out by the 30th day. If they choose not to, you can't just go in and dump their stuff on the curb, you do have to go through the normal eviction process. The eviction process is roughly the same, it is just a matter of when it can start. 

What you are hearing isn't really conflicting info, it is just both sides of the same issue. 

Your friend is wrong on one point though, if they are not on a month-to-month lease, you can't just give them a 30-day notice, you have to wait until the proper time in the lease (90 days before end of the year, 30 days before end of lease, etc.)
mikehende

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Posts: 3
Reply with quote  #3 
Thanks. Sorry I should have mentioned that there is no written lease, they had a one year lease and never renewed it, I was told that then it "automatically" became a month to month situation but I am guessing that would make no difference?
LLinVA

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Posts: 216
Reply with quote  #4 
That's how it is in Virginia, it defaults to month-to-month. If you told me NY was different though, I wouldn't be surprised.

Either way, if they choose to not leave when they are supposed to (end fo 30-day notice), then you are stuck in the normal eviction process.
mikehende

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Posts: 3
Reply with quote  #5 
Ok got it, thanks.
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