Termination Notice for Month-to-Month Tenant Was Proper

September 30, 2004

LVT Number: 17652

Landlord sued to evict month-to-month tenant after sending tenant a 30-day termination notice. The court ruled for landlord, awarding him possession and the sum of $3,400. Tenant appealed, claiming that his tenancy started in the middle of a month. So the termination notice improperly terminated his tenancy as of Jan. 31, 2003. The appeals court ruled against tenant. At trial, landlord testified that tenant paid prorated rent for the first half-month he occupied the apartment. After that, tenant's rent was always due on the first day of the month.

Landlord sued to evict month-to-month tenant after sending tenant a 30-day termination notice. The court ruled for landlord, awarding him possession and the sum of $3,400. Tenant appealed, claiming that his tenancy started in the middle of a month. So the termination notice improperly terminated his tenancy as of Jan. 31, 2003. The appeals court ruled against tenant. At trial, landlord testified that tenant paid prorated rent for the first half-month he occupied the apartment. After that, tenant's rent was always due on the first day of the month. Tenant also testified that he tried to pay around the first of the month. So the trial court properly found that the month-to-month tenancy ran from the first day of every month.

Lake v. Hurrtt: NYLJ, 9/24/04, p. 28, col. 5 (App. T. 2 Dept; McCabe, PJ, Covello, Tanenbaum, JJ)

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