60-Day Termination Notice Required to End Month-to-Month Tenancy
LVT Number: #30726
Landlord sued to evict a month-to-month tenant after sending a 30-day eviction notice. Tenant asked the court to dismiss the case, claiming that landlord improperly served a 30-day notice. Tenant claimed that, under Real Property Law (RPL) Sections 232-a and 226-c, landlord was required to send a 60-day notice. These statutes were added or amended on June 14, 2019, under the Housing Stability and Tenant Protection Act of 2019 (HSTPA). The court ruled for tenant and dismissed the case. Because service of landlord's notice of petition and petition was completed on Oct. 17, 2019, the amended RPL Section 232-a and its notice requirements applied. And because tenant had lived in the apartment since June 2018, his tenancy exceeded one year when landlord started the eviction proceeding. So, RPL Sections 232-a and 226-c required a 60-day termination notice.
64 Van St., LLC v. Cuevas: Index No. L&T68907/19, 2020 NY Slip Op 20079 (Civ. Ct. Queens; 3/10/20; Guthrie, J)