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…
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.
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.
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!
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.
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.
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.
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.
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.
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.
Delinquency…it’s not excessive cat-hair, is it?!