Accepting Rent After Lease Expired Created Month-to-Month Tenancy

January 1, 2008

LVT Number: #20093

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that landlord didn't send tenant a 30-day termination notice and asked the court to dismiss the case. Landlord claimed that no termination notice was needed, because tenant's lease had ended. The court ruled for tenant and dismissed the case. Under Real Property Law Section 232-a, a 30-day termination notice is needed prior to seeking eviction of a month-to-month tenant. Landlord had accepted rent from tenant after tenant's lease expired.

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that landlord didn't send tenant a 30-day termination notice and asked the court to dismiss the case. Landlord claimed that no termination notice was needed, because tenant's lease had ended. The court ruled for tenant and dismissed the case. Under Real Property Law Section 232-a, a 30-day termination notice is needed prior to seeking eviction of a month-to-month tenant. Landlord had accepted rent from tenant after tenant's lease expired. So tenant became a month-to-month tenant and the termination notice was required.

430 Broome Street Realty Corp. v. Bonnouvrier: NYLJ, 12/12/07, p. 26, col. 1 (Sup. Ct. NY; York, J)

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