Landlord Question and Answer Forum

I have a tenant whose lease expires on April 30th. I issued her a notice of non-renewal on March 21st, which is about 40 days before the end of the lease. She won't leave and told me to take her to court, which I am doing. I am having her served on May 1st as she paid her rent in full for this month, which leaves me no choice. When we go to court, how long will the judge give her to leave the premises? I have heard 3-days, but I am not sure. I am getting an attorney, but can't sleep over this matter. Can anyone clue me in as I have never had to do this before :(

If there is no written lease, the tenancy must be terminated by a 30 day written notice. 30 DAY NOTICE: The 30 day notice is a notice given to the tenant, renting on a month-to-month basis, requiring that the tenant surrender the premises within 30 days. [Note: If the only complaint is that the tenant has failed to pay rent, follow the instructions for non-payment]. It is important to note that the 30 days notice must be given 30 days prior to the next rental date. After notice has been served on the tenant, an Affidavit of Service must be signed before a Notary Public by the person that served the 30 day notice. The papers must be served by a disinterested party OTHER than the landlord over the age of 18. Good luck!

Posted by Donna , NC on Wednesday, April 28, 2010

when lease expires you both go to 30 day rental so you can give her 30 day notice followed by eviction or raise rent so she wants to move In NY your proof of service is on bottom of page no need for notary You can post on conspicuos door/mail or hand to tenant personally

Posted by Cindy H, NY on Wednesday, May 12, 2010