What to do if I have a month-to-month lease which requires 30 day notice before vacating?

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What to do if I have a month-to-month lease which requires 30 day notice before vacating?

Due to a new job, I have found a place in a different part of the county. Because my landlord never signed the what he gave me that I signed, is it possible to leave without legal consequence? Also, being there 2 years + with only the first year a lease until last month. I have no guarantee he will give me back my security at the end of paying him Monday the 1st of this month and then leaving at the end with a possible lease that will not stand in court without his signature on it?

Asked on September 29, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When there is no written lease which is currently in force, a month to month tenancy on an oral/verbal lease is created. So whether it is under your written lease (which you state is month to month) or under an oral lease, you appear to be in a month to month tenancy.  You must therefore provide a month's notice; if you provide less than that, your landlord may hold you liable for the rest or balance of the notice period (i.e. for a month's rent)--so it looks like one way or another, you'll have to pay a month's rent. Note that if you fail to provide any notice that you are terminating your tenancy, the landlord may be entitled to assume that you are still renting and keep charging you accordingly; therefore, even if you can't provide a full month, provide some notice that you are leaving.


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