Cal. Civ. Code § 228
Termination of tenancies at will or by sufferance, by notice
Operative Text
§ 228. Termination of tenancies at will or by sufferance, by notice. 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.
Under N.Y. Real Prop. Law § 228, a tenancy at will or by sufferance — informal arrangements where no fixed lease term governs the occupancy — can be ended by the landlord through a written notice requiring the tenant to vacate, with that notice given at least thirty days in advance. The notice must be delivered personally to the tenant, left with a responsible adult residing at the premises, or, if no such person can be found, posted visibly on the property. Once the thirty-day period expires, the landlord is permitted to pursue re-entry or a legal action to recover possession without issuing any additional notice to quit.
Plain English — not legal advice.
Property owners and managers dealing with a tenancy at will or by sufferance under N.Y. Real Prop. Law § 228 generally ensure that any termination notice is in writing and provides a full thirty days before any re-entry or legal action is initiated. Compliant operators document the method of service — whether personal delivery, delivery to a suitable adult resident, or conspicuous posting — to establish a clear record that the statutory requirements were met. After the thirty-day period has run, operators typically proceed through the legally prescribed channels, such as a holdover proceeding, rather than attempting self-help measures.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 228 sets out specific requirements that a landlord must satisfy before a tenancy at will or by sufferance can be lawfully terminated, including a written notice of at least thirty days and proper service of that notice. Tenants who believe a notice was not properly served — for example, that it was not delivered to an appropriate person or posted as required — may have grounds to raise that deficiency in any subsequent proceeding brought to recover possession. Tenants facing such a situation can explore their options by contacting a local tenant-rights organization, a legal aid office, or a housing court self-help center familiar with proceedings under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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