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?

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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 11 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.


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