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MONTH TO MONTH TENANTS

Tenants who do not have leases and who pay rent on a monthly basis are called month-to-month tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent.

A month-to-month tenancy may be terminated by either party by giving at least one month notice before the expiration of the term. For example, suppose your rent is due on the first of each month. Your landlord must tell you by September 30th before your October rent is due that he wants you to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment.

A landlord cannot unilaterally raise the rent of a month-to-month tenant without the consent of the tenant. However, if the tenant does not consent, the landlord can terminate the tenancy by giving appropriate notice.

In New York City, the landlord must serve the tenant a written termination giving at least 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings.

A termination notice does not automatically allow the landlord to evict the tenant. The landlord must first bring an eviction proceeding in court and win the case.

(Real Property Law S232-a, S232-b, S232-c)