Moving out notice

[fjdanzi]

I have decided to move out of my current because I am tired of asking my neighbors to turn down the music. My neighbors moved in two months ago. I am frequently awakened by dance music on early mornings (including weekends). I have reported this to my landlord but nothing has changed. My landlord alleges to have contacted the noisy neighbors. I had a one-year lease asking for a 60-day notice of termination (11/01/99-10/31/00). The lease expired 25 months ago. I have not been given a new lease and have agreed to continue month to month. I have found a new apartment and gave my landlord 40 days notice. She says I need to give 60 days notice, aka pay for an additional months rent. I have offered to pay a prorated amount for the 10 days. Am I required to give 60 days notice, if I am renting month to month and have to deal with the constant vibration of the walls due to the dance music? My concern is that I will not get my 5300$ security deposit back. Suggestions? Should I contact an attorney?

[consigliere]

It's unusual for a residential lease in New York City to have a cancellation clause like that. Did the landlord also have the right to cancel the lease on 60-days' notice?
 
Generally the terms of a lease carry over into a month-to-month tenancy. However, it really wouldn't be a month-to-month tenancy if you have to give 60-days' notice to cancel.
 
In New York City, a landlord has to give 30-days' written notice to cancel a month-to-month tenancy (within the rent cycle), but a tenant doesn't have to give any notice.