What to do if I gave my tenant a breach of contract notice along with a notice to vacate but she has not yet responded?

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What to do if I gave my tenant a breach of contract notice along with a notice to vacate but she has not yet responded?

Can she be considered a month-to-month tenant?

Asked on April 22, 2012 under Real Estate Law, New York

Answers:

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

Answered 9 years ago | Contributor

Okay.  You have a lot going on here. First, what is the basis for the breach of contract and the notice to vacate? SEcond, you can not make that determination (the breach of contract).  A judge must declare the pther party in breach.  So no, you can not "convert" a lease agreement in to a month to month agreement.  Please seek legal help.  If you yourself served the tenant then it could raise issues down the road with an action against her.  Good luck.  


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