What is the law on a 30 day moving out notice?

My landlord told me that I have to give a 30 day written notice prior to the 1st. I gave written notice on the 8th and told my landlord that I would pay for the 1st week of next month. He told me that I would have to pay for the entire month. Is this correct? No where on my lease does it say I have to give notice prior to the 1st; it just states a 30 day written notice.

Asked on November 9, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Absent a written agreement stated in your lease or other document concerning your rental signed by you and the landlord, the thirty day notice to terminate a rental is effective upon service of the document.

Meaning, if you serve the thirty day notice to end your lease on the landlord November 8, 2011, your last day to remain in the rental is December 7, 2011 and you only have to pay rent up to December 7, 2011, not for the full month of December 2011.

Good luck.

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