As my landlord has asked me to vacate the apartment and I am doing so before the month is up would I have to pay for next month October?

I am a tenant living in Upstate New York and I am currently under a month-to-
month rental agreement as my lease began last year beginning May 2015 ending
May 2016. My landlord has always said that rent is due anywhere between the
range of the First to the Fifth of every month. After I had paid my rent on the
fifth of this month September 5th, my landlord left a 60-day notice to vacate
on my apartment door, the following day September 6th, stating that I vacate
the property no later than October 31st, 2016. I then contacted my landlord via
phone on Saturday September 10th letting him know that I would be moving out
and vacating no later than September 24th, 2016. My landlord agreed that this
would be okay so long as September’s rent was paid, in addition to October’s
rent. I questioned my landlord over the phone as I was not understanding why I
would be required to pay for October if I was not going to be occupying the
rental. He stated that because it is ‘the law’, I would still be required to
pay October’s rent and if I don’t pay, he will take me to court for an eviction
and I would be responsible for any court fees, plus October’s rent. As I have
received a notice to vacate after the beginning of my September cycle
September 1st, do I still have to pay rent for October? Also, as my landlord
has asked me to vacate the apartment and I am doing so before the month is up
would I have to pay for next month October?

Asked on September 14, 2016 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, if your landlord agrees to let you out of the lease (and if he asked you to go, by definition, he "agreed" to it) and you are out before the next month's rent is due, you will not owe it. 

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