My one-year lease expired on Nov. 30, 2018. Since that time I have paid rent on a month-to-month basis, though my initial lease contains no language or stipulations relating to this. The only language I see pertaining to leaving reads as follows "1 bedroom apartment with all appurtenances, for a term of one year, with a (30) thirty-day written notice, ending on November 30, 2018 at 12 o'clock p.m." If I gave notice today, August 20th, would I be required to pay rent through September 19 or September 30? Thanks!
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Month-to-Month Lease - Timing of 30 Days Notice to Vacate in NYC?
- Thread starter jrm18
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adjusterjack
Senior Member
The NY landlord tenant statute Section 232-a obliges the landlord to give "at least thirty days before the expiration of the term" which means that if the landlord gave you notice today it would be for September 30.
https://law.justia.com/codes/new-york/2018/rpp/article-7/232-a/
There is nothing in the statute addressing the tenant's notice but I think that a judge would have the power to apply the same requirement to the tenant as to the landlord.
Besides, you pay by the month and your month's rent is due on the first. If you gave notice today that you were moving out on September 20th and paid 20 days rent on September 1st you risk being evicted for non-payment. There's no way to predict whether your interpretation of 30 days notice would hold up in court or not. But the worst part of that is that you would be in court and that record would be public and available to future landlords even if you win.
Caution dictates that you give notice for September 30 and pay the full month's rent on the 1st.
https://law.justia.com/codes/new-york/2018/rpp/article-7/232-a/
There is nothing in the statute addressing the tenant's notice but I think that a judge would have the power to apply the same requirement to the tenant as to the landlord.
Besides, you pay by the month and your month's rent is due on the first. If you gave notice today that you were moving out on September 20th and paid 20 days rent on September 1st you risk being evicted for non-payment. There's no way to predict whether your interpretation of 30 days notice would hold up in court or not. But the worst part of that is that you would be in court and that record would be public and available to future landlords even if you win.
Caution dictates that you give notice for September 30 and pay the full month's rent on the 1st.