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Which notice do I use for commercial holdover?

Discussion in 'Commercial Landlord & Tenant Issues' started by josephnyc, Feb 6, 2004.

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  1. josephnyc

    josephnyc Law Topic Starter New Member

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    I've got a commercial (office space) tenant occupying space on a month to month basis.

    I would like to have him out of the space asap.

    Should I:

    1) Send him a letter demanding his immediate vacating of the space?

    2) Send him a Notice -- if so, 3 day, 10 day, 30 day?

    3) Something else?

    Property is in NYC.

    Thank you,

    Joseph
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    My understanding is that I would send a 30 day notice. If you have a month to month tenancy then you would typically need to provide notice of at least that period, being 30 days. A 3 day notice is usually one sent demanding rent when rent is due and not paid and thus is used differently.
     
  3. josephnyc

    josephnyc Law Topic Starter New Member

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    Thanks very much.

    I've been reading the laws, and they are most confusing.

    There seems to be some indication that a 10 day is appropriate.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Much depends upon the scenario and what law is it that you are pointing to. It is possible.

    If there isn't a rush to get the tenant out then 30 days prior notice should solve most problems. My understanding is that if you have a month to month tenancy you cannot simply give the tenant 10 days notice to move out since they have the right to be in the premises for the full period of tenancy. Notice will apply with regard to non-renewal for the next month.

    Of note, the law in NY can be quirky. With residential (not commercial) leases the thirty day notice provision applies from the date rent is due for month to month tenants. So if a residential tenant pays rent on the first of the month, a landlord must give notice prior to the first of that month, e.g. prior to April 1, that he wants the tenant out by May 1.
     

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