If no commercial lease in effect how long is the legal notice to be given by landlord to vacate space?

UPDATED: Sep 30, 2022

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If no commercial lease in effect how long is the legal notice to be given by landlord to vacate space?

We were only given 2 weeks notice. We are medical office and we need to inform our patients. We requested nicely to extend to 1 1/2 month to 2 but they said no. What can we legally do?

Asked on September 16, 2016 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

When there is no written lease, you are a month-to-month tenant on an oral (often inaccurately called a "verbal") lease. As the term implies, a month-to-month tenancy can be terminated by either party (landlord or tenant) on a month's notice. Therefore, you were owed a month's notice, no more (though the landlord could voluntarily agree to give you a longer notice period).

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