When a landlord wishes to discontinue a tenancy, they can serve the tenant with a Notice of Termination or Cancellation. This may occur in any of these circumstances:
- The lease is ending and the landlord does not wish to renew.
- The tenancy is month-to-month and the landlord wants to terminate the tenancy and evict the tenant.
- The landlord claims that the tenant violated the terms of the lease.
- The tenant has repeatedly failed to pay rent
Once the landlord has served a Notice to Terminate or Cancellation, the tenant must vacate the property by the date given, or he/she will be considered a holdover tenant. Thereafter, the landlord will sue the tenant by serving a notice of Notice of Petition and Petition. If the landlord accepts rent after the termination/cancelation date, he/she has effectively changed the situation to a month-to-month tenancy.
Receiving a Notice to Terminate or Cancellation can cost you time, money, and inconvenience, especially if it violates your original lease terms. Whether you object to the termination notice or wish to break a lease, there are complex legal issues regarding breach of lease and damages involved. Furthermore, if you need more time at the premises, Justin Brasch and his legal team can help you get the time that you need through their legal experience. To make sure that your rights and financial interests are protected, you need the counsel of an experienced commercial landlord and tenant lawyer. Call Brasch Law at 212-267-2500.