Can I sue a month-to-month tenant for lost of rent if they moved out without 30 days notice?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue a month-to-month tenant for lost of rent if they moved out without 30 days notice?

Tenant’s lease agreement expired and tenant refused to sign a new lease, so they became a month-to-month tenant. Tenant is a section 8 tenant.

Asked on August 4, 2011 New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A month-to-month tenant must provide 30 days notice to terminate the tenancy, so if a month-to-month tenant moves out without providing sufficient notice, the landlord could sue for the notice month's rent.

However, it is doubtful that it is worthwhile to sue in this case. You write that this is a Section 8 tenant; that means that he or she presumably has few assets and little income. Even if you sued and won, if the tenant does not then voluntarily pay the court judgment, you may not be able to recovery your money--there may be too little income to garnish, no real property to lien, nothing else of value to execute on, etc. It is very rarely worth suing a Section 8 tenant.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption