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Posted by Mark Smith on August 13, 1999 at 14:01:39:

In Reply to: No leases and moving posted by Chris on August 13, 1999 at 10:16:00:

You posted a similar message yesterday, entitled Moving and Notice (http://www.tenant.net/forum/board/messages/6309.html), using a different name. You still don't say where you live.

If you live in New York, the law is different for New York City vs. the rest of New York State. You do have a lease - a month-to-month lease. In New York City, you have to give 30-days' written notice to cancel a month-to-month lease, although one court has held that only the landlord has to give 30-day's notice. In the rest of the state, you have to give one month's notice, but it does not have to be in writing.

You should write to the landlord, by regular mail, with a certificate of mailing from the post office, and also by certified mail, return receipt requested, notifying him that you will be out by September 30. That will prevent him from saying that you didn't give him proper notice, if he is unable to rent the apartment for September 1.

In New York state, it takes more than a month for most evictions, so an extra month shouldn't be a problem. As a practical matter, paying the September rent will only present problems getting any security deposit back.

: I was hoping someone could answer this question for me. I verbaly told my landlord we bought a house and would be closing at the end of August. And I also told him that we would be out somtime in the middle of September but by October first. He called me yesterday and told me he had someone who wanted to look at the apartment which was fine with me. During this conversation he told me thay are looking to rent it September first. I told him we were not going to be moving by September first and he says we have to but I told him in late JUly we would be out by October first. We have no lease not even month to month does he have the right to make me move out by September first. I know what I told him and that was we would be moving sometime in September but defintly be out by October first. Please help if you can? Thanks

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: You posted a similar message yesterday, entitled Moving and Notice (http://www.tenant.net/forum/board/messages/6309.html), using a different name.  You still don't say where you live.

: If you live in New York, the law is different for New York City vs. the rest of New York State.  You do have a lease - a month-to-month lease.  In New York City, you have to give 30-days' written notice to cancel a month-to-month lease, although one court has held that only the landlord has to give 30-day's notice.  In the rest of the state, you have to give one month's notice, but it does not have to be in writing.

: You should write to the landlord, by regular mail, with a certificate of mailing from the post office, and also by certified mail, return receipt requested, notifying him that you will be out by September 30.  That will prevent him from saying that you didn't give him proper notice, if he is unable to rent the apartment for September 1.

: In New York state, it takes more than a month for most evictions, so an extra month shouldn't be a problem.  As a practical matter, paying the September rent will only present problems getting any security deposit back.


: : I was hoping someone could answer this question for me. I verbaly told my landlord we bought a house and would be closing at the end of August. And I also told him that we would be out somtime in the middle of September but by October first. He called me yesterday and told me he had someone who wanted to look at the apartment which was fine with me. During this conversation he told me thay are looking to rent it September first. I told him we were not going to be moving by September first and he says we have to but I told him in late JUly we would be out by October first. We have no lease not even month to month does he have the right to make me move out by September first. I know what I told him and that was we would be moving sometime in September but defintly be out by October first. Please help if you can?  Thanks<p


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