Full question:
Last month my tenant gave me a notice to vacate at the end of November. Now just before the deadline to vacate, he gave me another notice to vacate at the end of December. Can I claim double rent for the month of December under New York law?
- Category: Landlord Tenant
- Date:
- State: New York
Answer:
In New York, after a notice to vacate is given to the landlord, if the tenant continues possession then the tenant is liable to pay double the rent that otherwise the tenant might have paid to the landlord, for the continued period of possession. This is given under Liability of tenant holding over after giving notice of intention to quit, N.Y. Real Prop. Law § 229, read as:If a tenant gives notice of his intention to quit the premises held by him, and does not accordingly deliver up the possession thereof, at the time specified in such notice, he or his personal representatives must, so long as he continue in possession, pay to the landlord, his heirs or assigns, double the rent which he should otherwise have paid, to be recovered at the same time and in the same manner, as the single rent.
The New York Supreme Court, in Betty Jane Frocks, Inc. v. Adlie Realty Corp., held that when a tenant has already gave notice to vacate and just before the deadline to vacate serves the landlord with another notice to vacate specifying another deadline, did not entitle landlord to double rent as liquidated damages under Real Property Law, § 229. 1
In the instant case, the landlord is not entitled to receive double rent for the month of December because the tenant has served him with his second notice to vacate before the deadline to vacate per his first notice to vacate.
1 Betty Jane Frocks, Inc. v. Adlie Realty Corp., 9 Misc. 2d 504, 154 N.Y.S.2d 141 (App. Term 1956), aff'd sub nom. Betty Jane Frocks v. Adlie Realty Corp., 3 A.D.2d 704, 160 N.Y.S.2d 621 (1957), aff'd sub nom. Betty Jane Frocks, Inc v. Adlie Realty Corp., 4 N.Y.2d 750, 148 N.E.2d 914 (1958)
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