New York City Month to Month Tenant move out 30 day notice obligation. Does it have to coincide with last day of month or it can be different?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
New York City Month to Month Tenant move out 30 day notice obligation. Does it have to coincide with last day of month or it can be different?
I need to know if month to month lease start on the 1st of every month and if tenant wants to move out on a specific date next month after giving a proper 30 day notice. Is he still liable for the full month rent next month or it can be prorated based on the day of the notice on the previous month. Say for e.g notice is given on 2nd day of the month that tenant wants to move out on the 2nd of the next month. Does that mean legally by law tenant needs to pay for the whole months rent next month or 2 days of rent?
Asked on May 19, 2009 under Real Estate Law, New York
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It's always best to check with an attorney who has experience in this area, before going ahead, because there are a lot of laws that protect residential tenants and a mistake can easily become much more expensive than a legal fee. One place to find a lawyer who can give you advice is our website, http://attorneypages.com
Ordinarily, a month to month tenancy can start on any day of the month -- and whatever day that is, it usually stays, although if the day of the month that the rent is due is often looked at as the important one. If someone moved in on the 15th, and paid a half month's rent (in addition to the security deposit) and then started paying the rent on the 1st, then the 1st would be the start of the tenancy month.
Notice has to be given no later than the first day of the last month of the tenancy. If the month starts on the first, notice on May 2 is effective on July 1, not June 1, and not June 2. As far as collecting two days' rent, good luck. The tenant won't pay it -- and probably won't pay even two weeks, especially if you're holding a security deposit. You have to rent the property as soon as you can, after they move out and return the keys, and in most places you can only keep rent, out of the deposit, for the time it took (up to the end of the "month", of course) to find a new tenant by reasonable means.
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.