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Can I claim double rent for December after a second notice to vacate?

Can I claim double rent for December after a second notice to vacate?

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: 04/07/2025
State: New York

Answer:

In New York, when a tenant gives a notice to vacate but continues to occupy the property, they may be liable for double rent for the time they remain. This is outlined in N.Y. Real Prop. Law § 229, which states that if a tenant does not leave by the specified date in their notice, they must pay double the rent for the period they stay.

However, in the case of Betty Jane Frocks, Inc. v. Adlie Realty Corp., the court ruled that if a tenant provides a second notice to vacate before the original deadline, the landlord is not entitled to double rent for the extended period. Therefore, in your situation, since the tenant issued a second notice to vacate before the first deadline, you cannot claim double rent for December.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the difference between an eviction notice and a notice to vacate?

An eviction notice is a legal document that formally begins the eviction process, informing a tenant that they must leave the property due to specific reasons, such as non-payment of rent. A notice to vacate, on the other hand, is typically a request from the landlord to the tenant to leave the property by a certain date, often used when a lease is ending or for other non-eviction reasons. While a notice to vacate may lead to an eviction if not complied with, they are not the same legal action.

What are the rules for eviction in North Dakota?

In North Dakota, landlords must provide tenants with a written notice to vacate, typically giving at least 30 days' notice for month-to-month leases. If the tenant does not comply, the landlord can file for eviction in court. The process includes a hearing where both parties can present their case. It's important for landlords to follow proper legal procedures to avoid delays or complications. Always check the latest laws for any updates or changes.

How far behind on rent before eviction in Arizona?

In Arizona, a landlord can begin the eviction process if a tenant is more than five days late on rent. The landlord must provide a written notice giving the tenant five days to pay the overdue rent or vacate the property. If the tenant fails to respond, the landlord can file for eviction in court. It's essential for landlords to follow the legal process to ensure a valid eviction.

Is notice to vacate the same as eviction?

No, a notice to vacate is not the same as an eviction. A notice to vacate is a request from the landlord asking the tenant to leave the property by a specified date. Eviction, however, is a legal process initiated by the landlord to remove a tenant from the property, typically due to non-payment of rent or lease violations. If a tenant does not comply with a notice to vacate, the landlord may proceed with eviction.

Can a tenant change their mind after giving notice?

In general, once a tenant provides a notice to vacate, they are expected to follow through with their decision to leave. However, if the landlord agrees, the tenant may be able to rescind their notice and remain in the property. This typically requires mutual consent and should be documented to avoid future disputes. Always check local laws and lease agreements for specific provisions.

Am I responsible for rent after I move out?

Typically, once a tenant has vacated the property and returned the keys, they are no longer responsible for rent. However, if the tenant has given notice but remains in the property beyond the notice period, they may still owe rent for that time. It's essential to understand the terms of the lease agreement and any applicable state laws regarding rent obligations after moving out.