If a person is given notice to move and have no lease, legally how long does that person have to move out?

Asked on January 11, 2013 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have no lease then you are what is called a month to month tenant.  If your landlord wishes for you to move they must give you one full month's notice to leave.  If you do not leave after the one month then they have to start a summary proceeeing to evict you, serve you with a summons and petition and get you before a judge. So legally 30 days but it could take much longer if you do not oblige.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If a person has no written lease for the unit he or she occupies, under the laws of all states in this country the tenant is on a month-to-month lease. As such, the landlord is required to give at least thirty (30) days written notice for the tenant to vacate. You would then have up to thirty (30) days from receipt of the notice of the termination of your unit to vacate it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.