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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7306
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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I have a SRO building class (2nd floor and 3rd floor) in

Customer Question

i have a SRO building class B (2nd floor and 3rd floor) in Manhattan NY. Several rooms are vacant. Can i rent out those rooms to tenants below 30-day lease period?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Irwin Law replied 1 year ago.

The answer to your question lies in another question which is: What interest does the government have in regulating the length of a commercial lease. I believe that the answer to that is "none". Therefore, just follow the general rule that says: "that which is not prohibited by law, is permitted." So if there is no specific statute prohibiting leases for fewer than 30 days, then they are permitted. I doubt that any such laws exist and have no idea how you would find it without spending a lot on legal research. I also can't see how such an issue could be raised either by a landlord or a tenant except in the case of an eviction, where you may be required to give a minimum of 30 days notice, even in a commercial lease. Again, that might require some legal research time. I hope you find this Answer helpful.

Customer: replied 1 year ago.
Thanks.The reason i am asking is that NY has a regulation which does not allow any rental period for less than 30 days. I also heard certain properties, are not subject to such regulations, for example, SRO/Class B house.I need to get a confirmation whether my understanding is correct.
Expert:  Irwin Law replied 1 year ago.

MY APOLOGIES. I posted a response yesterday - I thought. I cannot confirm or deny what you heard regarding Single Room Occupancy (SRO) leases for less than 30 days. I can only say that it depends upon how reliable is the source of that information. There is a lot of information about regulations that evolved from AIR BNB. . If there is a substantial amount of money involved either in a prospective Rental income and/or potential fines by the city, then you would be well advised to obtain a written opinion from a New York based attorney who practices in this particular area.

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