What to do if I gave my tenant a breach of contract notice along with a notice to vacate but she has not yet responded?
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What to do if I gave my tenant a breach of contract notice along with a notice to vacate but she has not yet responded?
Can she be considered a month-to-month tenant?
Asked on April 22, 2012 under Real Estate Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Okay. You have a lot going on here. First, what is the basis for the breach of contract and the notice to vacate? SEcond, you can not make that determination (the breach of contract). A judge must declare the pther party in breach. So no, you can not "convert" a lease agreement in to a month to month agreement. Please seek legal help. If you yourself served the tenant then it could raise issues down the road with an action against her. Good luck.
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