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Can I end month to month lease every day?

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Can I end month to month lease every day?

Postby Thino » Tue May 10, 2016 5:22 pm

My landlord never renewed my lease, nor did I. So for the last 1.5 year I'm already in a month-to-month lease situation.
Now I want to cancel my rent, the sooner the better. IS it possible to cancel today, and move out 30 days later? Or should I take into account the date on which I pay the rent?

Very happy to hear some responses.
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Re: Can I end month to month lease every day?

Postby TenantNet » Tue May 10, 2016 11:19 pm

Are you rent stab, or unregulated? Please answer that.

First, you can move out tomorrow if you wish. The issue is if you might be liable for rent in the future and your security deposit.

If you are stabilized - or if the LL claims you have a current lease - tenants can be liable until the end of the lease, with some exceptions. See http://goo.gl/6TW05z

But if you are unregulated without a lease (i.e., month-to-month), then 30 days should be sufficient. Some sources say in NYC tenants don't need to give any notice (no matter what, LLs must give 30 days notice if they want you out).

And if the LL is not providing all services, especially the basics like heat and hjt water, you can move out immediately.

Consider that some will argue that you should not pay the last month's rent in order to recoup the deposit if you feel the LL might balk at returning the deposit.

When you do move, make sure you take many photos and have a walk-through with the LL to agree (or disagree) on any damages. Make sure you hand over the keys to the LL personally and not to the super. Get a receipt for the keys. Without that the LL might claim you never turned over possession.
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Re: Can I end month to month lease every day?

Postby Thino » Wed May 11, 2016 10:39 pm

Thanks for the very clear response.

The apartment is not rent stabilized or controlled, it's just market-rate.

Do I have to take into account starting date of the lease for the 30 day notice, or I could cancel and then move out 30 days later? I want to move out 21st of june, so then 30 days beforehand cancelling should be fine?

Thanks for the advice!
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Re: Can I end month to month lease every day?

Postby BubbaJoe123 » Thu May 12, 2016 9:39 am

Thino wrote:Thanks for the very clear response.

The apartment is not rent stabilized or controlled, it's just market-rate.

Do I have to take into account starting date of the lease for the 30 day notice, or I could cancel and then move out 30 days later? I want to move out 21st of june, so then 30 days beforehand cancelling should be fine?

Thanks for the advice!


1. Assuming you're in NYC, there's no notice required for you to end a month-to-month lease. Assuming you're on a regular cycle (i.e. rent due on the first of the month), you could in theory just move out on June 30th, and have no responsibility for July.

2. That said, you don't have the right to get a pro-rated portion of your monthly rent back. So, if you tell the landlord on May 21st "I'm going to move out on June 21st," you're still required to pay for all of June. Now, there's nothing stopping the landlord from giving you 1/3 of your June rent back, but he doesn't have to.

3. All this being said, providing the landlord as much notice as possible that you're moving out is both courteous and (in most circumstances) the smart thing to do. It gives the LL the maximum time to plan any work he wants to do when the apartment becomes vacant, and to find a new tenant.
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Re: Can I end month to month lease every day?

Postby TenantNet » Thu May 12, 2016 4:32 pm

BJ, I agree that no notice is required in NYC, but I've recently seen some sources disagree with that, so that's why I suggested 30 days would be sufficient.

As for No. 2, you still have the issue of security and many tenants withhold the final month in order to recoup that money from LLs that invent excuses for keeping it. However, that does not absolve tenants from responsibility over legitimate damages.

In my view, it really depends on the LL. Some (unfortunately very few) are businesslike and will appreciate the longer notice. But others will try to screw you no matter what.
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