landlord/tenant

[ladyc52]

I have an issue with my tenant. I live in Queens, NY. My tenant lease was expired on 3/02. I gave her a letter two months prior to her renewal date, letting her know that her lease would be renewed on such date and there will be a rent increase. She came to me and told me that she would not be renewing her lease because she needs a bigger place. She went on to ask me if I can give her a few months until she gets somewhere. The verbal agreement was that I would have her continue to pay the rent as the old lease with the intention that she gets another apartment in a few months. Her rent is never paid on time and everytime I do go to collect my rent its always a different story. My rent is due on the 1st, but I do not get it until most times 10 to 14 days later. Up till now she has not said anything to me about when she is going to move out. I need my apartment and I want to know what is the right way of going about asking her to leave. It's been four months now and I just want her to leave.

Please advise.

 

[Michael Wechsler]

It seems you have a month to month agreement. From what it seems, if you give her notice prior to the first day of the month, then she will have to leave by the end of that following month, e.g. notice on August 30th will be sufficient for her to need to leave by the end of Septmber. I believe that NY law requires one full rental period be given which would begin on the first of the month (beginning of rental period) and end at the end of the month.