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Giving a Notice - Please help

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Giving a Notice - Please help

Postby rhkpwright » Mon May 20, 2002 11:18 am

I just gave our landlord, what I thought is a 30-day notice - so we would be moving out around mid-June - he told me that our move-out date would be the end of June. I told him that was more than 30 days - but he said he had to receive the notice at the end or the beginning of a month? WHAT??? So I pulled out the lease - it is an old lease written back in 1978 and I can not find anything about even giving a 30 day notice more less at the end or beginning of a month. I think that is a load of bull! :mad: Any suggestions?
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Re: Giving a Notice - Please help

Postby ChrisG » Mon May 20, 2002 8:02 pm

so you've been living there since 78? i am assuming you do not have a current lease and have been renting month-to-month. if you usually pay the rent on the first of the month, the LL would expect 30-day's notice to fall on the same dates. if this isn't the case, he's just trying to give you a hard time, and should be ignored.
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Re: Giving a Notice - Please help

Postby consigliere » Mon May 20, 2002 8:17 pm

You posted your question in the wrong area; it belongs in the area for outside New York City.  
 
It looks like you're a month-to-month tenant. If you pay your rent on a calendar-month basis, you have to give the landlord one-month's notice (verbal or written) to coincide with the rental period. Therefore, any notice given to your landlord during May would terminate your month-to-month tenancy as of June 30th.
 
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Re: Giving a Notice - Please help

Postby Cranky Tenant » Tue May 21, 2002 5:49 am

It sounds like the real question is whether you pay a full month for June, or only pay for the first two weeks. If you pay for the full month it really shouldn't matter whether you move in the middle or the end of the month.

<small>[ May 21, 2002, 05:50 AM: Message edited by: Cranky Tenant ]</small>
I'm a cranky tenant NOT a cranky lawyer.
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Re: Giving a Notice - Please help

Postby rhkpwright » Tue May 21, 2002 9:14 am

Sorry I posted in the wrong thread! Thanks for all your input - NO NO I have not been living here since 1978 - sorry that was misleading. We have been living here for almost a year - our lease is up though because we only signed a 6-month lease. So I guess from the above posts, my LL is correct. I have to give the notice on the first, since I pay my rent on the first. That sucks! I lived in GA before moving up here, and our leases down there required a 30 day notice period. I discussed this with a few renters at work, and they said all of their leases said 30 days - my lease says nothing about a notice at all.

THANKS
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Re: Giving a Notice - Please help

Postby consigliere » Tue May 21, 2002 11:22 am

In New York, you don't have to give any notice where the lease is for a fixed term. In your case, you could have moved out at the end of your six-month lease, with no notice to the landlord.
 
In New York City, tenants don't have to give any notice to terminate a month-to-month tenancy, while landlords have to give a 30-day written notice, served in a very specific manner.
 
In the rest of New York State, both tenants and landlords have to give a one-month notice -- verbal or written -- to terminate a month-to-month tenancy. That means if your rent is due on the first of the month, you have to give notice on or before the last day of the prior month.
 
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