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Posted by Mark Smith on September 02, 1998 at 22:31:34:

In Reply to: Re: Is 2 months notice to vacate legal? posted by TenantNet on September 01, 1998 at 00:14:11:

I repeat my original answer: "In rent stabilized apartments, the security deposit is limited to one month. Otherwise, there is no such limit." Although we could use more information than the original question gives, it appears that the lease (however long the term is) gives the tenant (and possibly the landlord) the right to cancel the lease on 60 days' notice. Under these circumstances, a security deposit of two months' rent or pre-payment of the last two months' rent seems reasonable.
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Tenant.net, in replying to my original posting, said:

: Except they weren't asking about security deposits; they were asking about
: what rent they would be responsible on moving out early. The answer is that
: they are responsible for the rent 'for the term of the lease' if they
: leave early, i.e., all of it. But in some areas, and owner would need to
: show he was economically harmed (i.e., lost rent) by the tenant's moving. An
: owner often has a concomitant duty to 'mitigate damages', or to try to
: rerent the place. If he fails that, then he's waived his right to claim
: damages. Some owners will try to put it in terms of months, but my opinion
: is that's bogus. Best way to handle it is to sublet or find a suitable
: replacement tenant. It's not required, but a good way to get off the hook.
: : >
: : >
: : : My wife and I are moving out of state and the leasing office is requiring us
: : : to be responsible for rent for 2 months since the lease states that a tenant
: : : must give at least that much notice when vacating. My wife has heard that
: : : anything greater than 30 days is not legal or at least not enforceable.
: : : Is this true?

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Comments:
: I repeat my original answer: "In rent stabilized apartments, the security deposit is limited to one month.  Otherwise, there is no such limit."  Although we could use more information than the original question gives, it appears that the lease (however long the term is) gives the tenant (and possibly the landlord) the right to cancel the lease on 60 days' notice.  Under these circumstances, a security deposit of two months' rent or pre-payment of the last two months' rent seems reasonable.
: >
: >
: > 
: Tenant.net, in replying to my original posting, said:

: : Except they weren't asking about security deposits; they were asking about
: : what rent they would be responsible on moving out early. The answer is that
: : they are responsible for the rent 'for the term of the lease' if they
: : leave early, i.e., all of it. But in some areas, and owner would need to
: : show he was economically harmed (i.e., lost rent) by the tenant's moving. An
: : owner often has a concomitant duty to 'mitigate damages', or to try to
: : rerent the place. If he fails that, then he's waived his right to claim
: : damages. Some owners will try to put it in terms of months, but my opinion
: : is that's bogus. Best way to handle it is to sublet or find a suitable
: : replacement tenant. It's not required, but a good way to get off the hook.
: : : >
: : : >
: : : : My wife and I are moving out of state and the leasing office is requiring us
: : : : to be responsible for rent for 2 months since the lease states that a tenant
: : : : must give at least that much notice when vacating.  My wife has heard that
: : : : anything greater than 30 days is not legal or at least not enforceable.
: : : : Is this true?



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