When do you decide to give a tenant 30-day vacate notice vs 60-day vacate notice in NYC?
For a "month-to month" tenancy, all that is required is 30 days' notice to terminate the lease. It does not matter how long the tenant was in occupancy, nor does it matter whether the tenant believes that 30 days is "reasonable," since the law establishes 30 days as a reasonable time for a tenant to vacate after receiving notice.
Can I file an eviction notice after a 30-day notice to vacate the property?
Read your local city or state landlord tenant law. They will outline the eviction process in detail for you. You should read and know them all anyways if you are renting property, to protect yourself from costly mistakes.In many areas, it is actually quite easy to do yourself, at the local court, but you do have to follow each step perfectly, or you might have your case thrown out.In some areas, there is a law firm that specializes in this. In Phoenix, where I do business, there is firm that does it for like $150 or something. At that price, I used them, even though I know how to do it myself, because it wasn’t worth my time to drive across town two or three times to file and go to court in the proper local court, 25 miles from where I live.
Does a landlord need to give a 30 day vacate notice before proceeding to evict?
It may depend on the state where you live, and on the situation.In Texas, only 3 full days are required… the landlord can file on the fourth day if he wants.If you are month-to-month AND you have done nothing wrong, the landlord can require you to move by giving at least 30-days notice. It can be for any reason or no reason at all. You are a Tenant At Sufferance.But if you have done anything wrong (like late rent), that’s out the window and he’s back to an immediate 3-day eviction notice.If you’re willing to get all your belongings stacked at the curb by strangers, and have a judgment against you for 10 years, you can wait out the entire eviction process, which takes about six weeks in Texas.Once you have failed to comply with a 3-day eviction notice and a suit is filed, it moves forward after that, even if you pay up everything you owe while waiting for trial or move out while waiting.In some other states, putting you and all you own out to the curb takes significantly longer, but you still have the downsides mentioned above when the dust settles.
Does a tenant need to give 30 day notice to vacate during the eviction process?
As with all legal answers, the law is different in every jurisdiction, so no one here will be able to give you a definitive answer.In most jurisdictions, if the rental agreement is silent, and if the tenant has already been advised to leave, they are under no further obligation to provide a date at which they are going to leave, they are expected to vacate immediately. Now, it's clear with this tenant that they want to extend their unwelcome stay as long as possible, so the eviction hearing is appropriate."Consistent late payments" is interesting. Is this something that is part of your rental agreement? If not, it should be. In other words, you should have something like "Consistent late payments shall be defined as X or more late payments in a Y-month period, holidays and office closures notwithstanding" (you define X and Y). Hopefully, it's already in your contract.Anyway, if your tenant vacates before the eviction hearing can take place, your eviction hearing will usually just be converted to a breach of contract case, and you can use it to collect any back rent due, or any damages to the unit, and any other expenses that the pre-eviction vacation caused. You will have to use the hearing to collect any rent due caused by the tenant living in the unit beyond the rental period, as I'm certain the tenant will not pay rent when there is no contract.You have notified the tenant as required by statute that you will not be continuing the periodic lease. Failure to vacate is proper grounds for eviction.
Could I send a notice to vacate 30 days before the end of the lease?
Though this is dependant on the specific laws in your jurisdiction, generally, your recourse is somewhat limited and will depend on whether there was a lease in place or whether it was a month-to-month tenancy.If there was a lease in place, the tenant is responsible for the rent until the lease expires or you rent out the apartment (keep in mind that most jurisdictions will make you mitigate damages so you will need to prove that you tried to rent out the apartment as soon as you could).If it was a month-to-month tenancy, your damages would be a full month’s rent, or, the pro-rated rent for the time the apartment was empty if it was less than a month (ex. if the tenant moves out on 3/30 without notice and you are able to rent out the apartment on 4/15, you would be able to sue for unpaid rent for the period that the apartment was empty).The caveat here is that unless the security deposit covers your losses, you will have to sue for the money and then collect.
Does a landlord have to issue a written 30 day notice to vacate prior to eviction in ny state?
I've never been licenced in NY State. Each state has different landlord/ tenant laws. You can call the New York attorney Generals Office they have a division that deals with landlord/tenant issues. Only an attorney can give you legal advice. Your rental agreement should have a section to address this. Generally if you're late with the rent the landlord can file a notice to pay or quit as a first step bit if this has been an ongoing issue the landlord generally can move straight to eviction. It would normally be handled by a housing court or local court or through mediation but each state is different. This is why you really need the proper legal advice of a local attorney.
What happens if a month to month tenant does not give a 30 day notice to vacate and just packs up to leave?
I'm assuming that you have been holding a security deposit from this tenant and that, although the tenancy is month-to-month, there are still terms of the tenancy laid out in a lease. (“Month-to-month” means just that, not “without rules.”)If so, the terms of the lease most likely state that the tenant is required to give you a one-month notice before ending their tenancy.The lease should also state what happens if the tenant fails to give you notice and decides to leave. Usually this means that the tenant doesn't get their security deposit back. Unless you didn't get a security deposit from the tenant, in which case the problem is with you trusting people.If you don't have a written lease with the tenant, you'll have to look up the overarching rules for security deposits in the landlord-tenant code for your city, county, and/or state to make sure you're allowed to keep it before you go out and spend it on a nice dinner, spa treatment, or trip to Atlantic City. And make sure to get a lease drawn up and signed in the future.Note: I am not a lawyer.