If I need to leave my apartment within 22 days, does he have a right to take my security deposit because I didn’t give 30 days notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I need to leave my apartment within 22 days, does he have a right to take my security deposit because I didn’t give 30 days notice?
I have not had a lease for the past 17 months. I have lived in the apartment for 2 years and 5 months.
Asked on April 12, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Without a written lease, you are a month to month tenant. A month to month tenant is required to provide 30 days notice terminating tenancy. If you only provide 22 days notice (and presumably pay for those 22 days), you will be short by 8 days--the landlord should be able to retain a portion of your security deposit equivalent to 8 days' rent (or more, if you did not pay for the 22 days you were staying).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.