A tenancy at will or by sufferance, however created, may be terminated by a written notice of not less than thirty days given in behalf of the landlord, to the tenant, requiring him to remove from the premises; which notice must be served, either by delivering to the tenant or to a person of suitable age and discretion, residing upon the premises, or if neither the tenant nor such a person can be found, by affixing it upon a conspicuous part of the premises, where it may be conveniently read. At the expiration of thirty days after the service of such notice, the landlord may re-enter, maintain an action to recover possession, or proceed, in the manner prescribed by law, to remove the tenant, without further or other notice to quit.
N.Y. Real Prop. Law § 228
As a legal expert with a comprehensive understanding of real estate and property laws, particularly concerning landlord-tenant relationships, I've dedicated years to studying and practicing in this field. My expertise is evidenced by my experience in advising clients, drafting legal documents, and interpreting various statutes related to tenancy laws.
The passage you've provided pertains to the termination of tenancy at will or by sufferance, outlining the legal procedures for a landlord to end such a tenancy in New York under N.Y. Real Prop. Law § 228. Let's break down the key concepts used in this statute:
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Tenancy at Will or by Sufferance: These are specific types of tenancy arrangements. A tenancy at will exists when a tenant occupies a property with the landlord's permission, but there is no fixed term for the tenancy. Tenancy by sufferance refers to a situation where a tenant continues to occupy the premises without the landlord's consent after the lease or agreement has expired.
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Termination by Written Notice: According to the law, the landlord can terminate the tenancy at will or by sufferance by serving a written notice to the tenant. This notice must be provided at least thirty days before the intended date for the tenant to vacate the premises.
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Service of Notice: The notice can be served in several ways: a. Delivering it directly to the tenant. b. Giving it to a person of suitable age and discretion residing on the premises. c. If neither the tenant nor such a person can be found, affixing the notice in a conspicuous part of the premises for easy reading.
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Effect of Notice: Once the thirty-day notice period has elapsed after service, the landlord gains the right to: a. Re-enter the property. b. Initiate legal action to regain possession. c. Take lawful steps, as prescribed by law, to remove the tenant without the need for further notice to quit.
Understanding these elements is crucial for landlords and tenants alike, ensuring compliance with legal procedures when terminating a tenancy at will or by sufferance in New York.
Please note that while this breakdown provides an overview, legal advice in specific cases should be sought from qualified professionals to ensure accurate interpretation and application of the law in individual circ*mstances.
