non-renewal lease notification

[Al999]

I am landlord who has rental property in NYC, NY. I have tenant on 1 year fixed rental agreement. I will not renew lease after the expiration of this agreement.
The agreement doesn’t have automatic renewal and allows to become month-to-month only with consent of landlord. Also the agreement doesn’t say anything about non-renewal notification.
Questions:

• Am I still obligated to send non-renewal notification to the tenant based on NY state law?
• If so is it 30-days or 60-days notification since I saw the articles saying 30-days if less than 1 year and 60 days if over 1 year. What about 1 year even? Is duration calculated based on actual living or the lease duration?
• What happen if I don’t send notification? Does it mean hold-over never starts and I cannot evict tenant?
• I heard that NYC state law has changed recently and there is separate notification must be sent to all adult occupants and it has to be served by other method than certified mail, is it true?

 

[adjusterjack]

Am I still obligated to send non-renewal notification to the tenant based on NY state law?

You'd be foolish not to.

allows to become month-to-month only with consent of landlord

The lack of objection could be the equivalent of consent. Would you like to pay a lawyer $300 per hour to argue that for you?

What happen if I don’t send notification? Does it mean hold-over never starts and I cannot evict tenant?

No. It means you'll have to evict through the courts, a costly and time consuming effort, especially in NYC.

See 232-c:

https://law.justia.com/codes/new-york/2018/rpp/article-7/232-c/

If so is it 30-days or 60-days notification since I saw the articles saying 30-days if less than 1 year and 60 days if over 1 year. What about 1 year even? Is duration calculated based on actual living or the lease duration?

The 30 vs 60 doesn't appear to apply to NY. However, if your rental in NYC is rent controlled, different laws might apply.

I heard that NYC state law has changed recently and there is separate notification must be sent to all adult occupants and it has to be served by other method than certified mail, is it true?

You "heard"? From who? The janitor? The auto mechanic? Your doctor? How about a lawyer (I didn't think so)?

Use a little common sense and err on the side of caution. Give separate written notice to each named occupant. Hand it to them with a witness who is willing to testify in court if necessary. Also send by certified mail and regular mail.

Your choice as to 30 or 60 days notice but in NYC I suggest 60.

Again, rent control may have different rules.

Here's the NY landlord tenant statute:

https://law.justia.com/codes/new-york/2018/rpp/article-7/

And the NYC Rent Stabilization Code if you need it:

http://www.tenant.net/Rent_Laws/rsc/rsctoc.html