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September 29, 2009
30-Day Notice Req'd?
My lease came up in August and I've been paying month to month and just informed my landlord that I'll be moving out Oct 7. I'm wondering if I have any legal obligation to pay an entire month's rent to have given 30 days notice. Is there a law requiring us to pay the entire month?
The reason we are leaving is because of potential safety issues. We are choosing to move instead of bringing in inspectors, which we could do, if necessary, to prove her delinquency.
Comments
If your landlord sues you for the entire month, you will lose. You should go and talk to him/her and negotiate something. I went to court with a tenant and the judge awarded me an entire month in a similar situation, but one where I did not accept any money from the tenant. She overstayed her lease by 6 weeks and I did not accept payment, took her to court and was awarded 2 months.
Posted by: donatella at September 28, 2009 9:55 PM
"just" telling your LL that you are vacating on Oct 7th (i.e, 1 week away) doesn't sound like 30 days to me. If this is the case then yes, I would assume you owe the whole month. If you informed 30 days prior to OCt 7th, then I suggest you pay a prorated amount for the 7 days and just be done with it. Look, if you are leaving because of safety issues then thank your lucky stars you are in month-to-month and can get out at anytime.
Posted by: bowl of dicks at September 28, 2009 10:55 PM
Yes, you must give 30 days notice and pay 30 days rent. If you give notice on Oct. 1, then you pay through the 30th, even if you move on Oct. 7.
Posted by: mopar at September 28, 2009 11:54 PM
you're asking the wrong question.
if theres a real issue regarding habitability of the apt, then vacating immediately can be allowed.
Posted by: slick at September 29, 2009 12:24 AM
What slick says. Send a cert letter (or FedEx if you want to leave tomorrow) documenting what is wrong and the reason you are vacating with the threat of calling the city. Not worth it to the LL to pursue a trouble making tenant like yourself for a few weeks rent.
Posted by: modsquad at September 29, 2009 7:49 AM
Actually you should put in a demand for moving expenses and what ever else is appropriate. Better to be proactive.
Posted by: modsquad at September 29, 2009 7:52 AM
Delinquency...it's not excessive cat-hair, is it?!
Posted by: cmu at September 29, 2009 9:45 AM
I just saw a case like this on Peoples Court. If you are a month to month tenant you don't have to give 30 days notice but if you occupy the apartment for a portion of the month you are responsible for the entire months rent.
Posted by: Caitrus at September 29, 2009 12:01 PM
People court doesn't necessarily follow the law(its arbitration hence arbitrary) and the law of NY may vary.
If you have stayed in the apartment for a full lease and now only raise "safetly" issues that either the landlord has not been informed of or looked like recently made up, don't be surprised if you aren't believed.
Posted by: smeyer418 at September 29, 2009 12:11 PM
As of Oct. 1 you the LL one months' rent. Move by tomorrow and that's another story as you don't have a lease. Anything else is negotiated between you and the landlord. "Potential" is your opinion and by the time you actaully get an inspector in, you still owe Oct. Sounds like poor planning on your part. You should have planned to move at the end of whatever month you were ready and not look for a 7 day rent deal after the fact.
Posted by: ou812 at September 29, 2009 12:50 PM
It's not 30 days. It's 30 days from month end.
Give notice Sept 30, it's Oct 31. Give notice Oct 2, it's November 30.
Posted by: Johnny at September 29, 2009 1:16 PM
Personally, given that many LandLords and Management companies in NYC may do a Court check to find a Tenant/LandLord dispute, you stand the chance of being blacklisted from some apartments. Even if you are in the right.
I had a tenant that I evicted who called me up once and asked me if there is a way I can remove the Court case on her record because she couldn't get into an apartment that did a check on her.
Incidentally, I understand that some Co-ops do that check as well.
Posted by: InvestorLlew at September 29, 2009 1:36 PM
In NYC you do not have to give 30 days notice on a month to month lease. However, if you remain during a rent cycle you are responsible to pay that month's rent.
Johnny's assertion is true in most other places, but not NYC.
Posted by: orestes at September 29, 2009 2:46 PM
You owe the month. I would try to work out a fractional payment. If your landlord is flexible you may walk away paying less. Good Luck!
Posted by: Crescent Hill at September 29, 2009 4:42 PM
Funny on todays People's Court they had a similar case. I found out that you dont have to give 30 days notice on a month to month but are responsible for the entire months rent if you stay past the day the rent is due.
Posted by: iluvclintonhill at September 30, 2009 1:29 AM
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