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SPIEGEL IN THE TIMES: ON MONTH-TO-MONTH TENANTS

GlennSpiegelheadshot.jpgOur partner, Glenn H. Spiegel was quoted in the Real Estate Section of Sunday's New York Times .

Here's the piece in its entirety:

nytimes_nyreblog_com_.gifGiving Notice Without a Lease

By Jay Romano

Q My one-year lease expired in August 2009. The landlord was trying to sell the condo I was living in. My roommate and I discussed renewing the lease, but the landlord was not interested in case he found a potential buyer, so we have continued living there on a month-to-month basis. I now want to move out. Can I give a 30-day notice on any calendar day regardless of when the original lease began or when the rent is due? Am I obligated to give notice to the landlord?

A "The answer to the question will depend on where the letter writer lives," said Glenn H. Spiegel, a Manhattan real estate lawyer.

Tenants living in unregulated apartments without a lease are typically viewed as month-to-month tenants, whose occupancy may be ended by a landlord on as little as 30 days' notice.

For their part, however, month-to-month tenants living in the five boroughs of New York City are under no obligation to give any advance notice of departure.

For such tenants living elsewhere in the state, Mr. Spiegel said, oral or written notice to the landlord is required 30 days before vacating. Without it, they could be liable for an additional month's rent.

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