Eviction Guidelines

[jlc614]

What is the name of your state? NY

My brother has been renting a garage for several years now and has recently found a note stuck to the front door stating that the property must be vacated by the end of June or court proceedings will be started. Is this an eviction notice or a notice that if the property is not vacated by the end of June eviction proceedings will be started? If it is the latter how long would it be (average) before he would actually be required to leave? Also can they just leave a notice stuck to one of many doors to the property or do they have to serve my brother with the papers? My brothers lease expired several months ago but he has continued to pay rent and the landlord had accepted it and still holds my brothers security. (I wasn't sure if this was relevent or not) Any help would be appreciated Thank You.

 

[jlc614]

Please help

 

[Meursault]

You need to tell your brother to take a copy of his lease to a real estate attorney. although some leases are self- renewing, we can't read it here and offer an opinion.

If the lease is not self-renewing, then your brother is on a month-to-month rental agreement and as such, depending on the notice requirements of your state, (30 days in Ny). As such, then notice was correct according to NY law (below).

Sec. 228. Termination of tenancies at will or by sufferance, by notice.

A tenancy at will or by sufferance, however created, may be terminated by a written notice of not less than thirty days given in behalf of the landlord, to the tenant, requiring him to remove from the premises; which notice must be served, either by delivering to the tenant or to a person of suitable age and discretion, residing upon the premises, or if neither the tenant nor such a person can be found, by affixing it upon a conspicuous part of the premises, where it may be conveniently read. At the expiration of thirty days after the service of such notice, the landlord may re-enter, maintain an action to recover possession, or proceed, in the manner prescribed by law, to remove the tenant, without further or other notice to quit.