The “notice to quit” is a legal term that just means providing notice of the tenant’s intent to vacate the property when the lease expires. Property law in every state will contain language specifying the timeframe required for giving notice to quit, providing protections to both the landlord and the tenant.

Tenant must give proper notice

Proper notice is required of the tenant to the landlord. New York landlord tenant law does not specify the timeframe required of the tenant, but the general practice is one month prior to the expiration of the rental agreement. At least one month prior to the expiration of the rental agreement the tenant should give landlord written notice of their intention to vacate the premises by the end of the term. If notice is not given as per the one month timeframe the tenant will be liable for the rent due for the following month, assuming the premises is not rented to another tenant. The same one month notice period is required of both the landlord and the tenant when the tenancy is month-to-month. One month’s notice is required to terminate such a tenancy.

Holding over

A holdover tenant is simply a tenant who continues in possession of the premises after the termination date in the rental agreement without the consent of the landlord.

The term “holdover tenant” is confusing to many first time landlords and renters. A holdover tenant is simply a tenant who continues in possession of the premises after the termination date in the rental agreement without the consent of the landlord. When this happens the landlord can often change the rent amount to a sum substantially higher than what was in the agreement term. New York law allows landlords to charge a monthly rent amount, or portion thereof, that is up to double the original monthly rental amount. In addition, the holdover tenant would be responsible for any further losses incurred by the landlord due to their holding over, as determined by a court of competent jurisdiction. Clearly, holdover language and the punitive nature of the increased rental amount provide an incentive for tenants to make their intentions clear to the landlord about vacating the premises.

One final note about acceptance of rent

In some states the act of accepting rent will extend the tenancy. Per U.C.C. Law § 232-c, if a New York landlord accepts rent for any period subsequent to the agreement term, then a month to month tenancy is presumed to be created by the acceptance of the rent.