NY State — NY Real Property Law

§ 228 — SECTION 228 Termination of tenancies at will or by sufferance, by notice

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPL § 228?

Quick Answer

This section outlines the process for terminating tenancies at will or by sufferance through a written notice of at least thirty days from the landlord to the tenant. The notice can be served directly to the tenant or posted on the premises if the tenant cannot be located. Applies to landlords seeking to regain possession of their property.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 228 SECTION 228 Termination of tenancies at will or by sufferance, by notice

RPL § 228

A tenancy at will or by sufferance, however created, may be terminated by a written notice of not less than thirty days given in behalf of the landlord, to the tenant, requiring him to remove from the premises; which notice must be served, either by delivering to the tenant or to a person of suitable age and discretion, residing upon the premises, or if neither the tenant nor such a person can be found, by affixing it upon a conspicuous part of the premises, where it may be conveniently read. At the expiration of thirty days after the service of such notice, the landlord may re-enter, maintain an action to recover possession, or proceed, in the manner prescribed by law, to remove the tenant, without further or other notice to quit.

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