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Notice I owe landlord when leaving a month-to-month rental?

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Notice I owe landlord when leaving a month-to-month rental?

Postby BrooklynLodger » Wed Jan 05, 2011 4:45 pm

I looked around for an answer to this and couldn't find one; I hope this is the right place for this post. Here's my situation:

I live with two roommates in a 3-bedroom apartment in Broklyn. The old lease ended November 30; the signatories on that lease were me, one of my current roommates, and a third person who moved out and subletted her room to the current third tenant. That third tenant has been paying rent directly to the landlord since last summer. We paid December rent and are planning to pay January rent before Jan. 10 (after that it's officially late according to the terms of the old lease).

We've been trying since we got lease renewal paperwork in October/November to get the landlord to give us a six-month lease. They were slow to sort out among themselves whether they wanted to do that. They called yesterday to say they want us to sign a six-month lease, but earlier yesterday I received very promising lead on work and may be leaving the city.

So here are my questions:

1. If all three of us decide to move out what do we owe the landlord in terms of notice? Is it 30-days of rent from the day we tell them we're leaving? Just January rent? January and February rent? Nothing at all beyond rent for the days we're actually still occupying the apartment?

2. The three original tenants paid seperate security deposits. Since I was planning on staying in the apartment and signing a new/renewed lease I never asked for my deposit back when the old lease ended November 30. There's no damage to the apartment beyond normal wear-and-tear (some scuffing on the floors, a minor dent in my bedroom door, and some nail holes that were there when I moved in are the only things that come to mind). Am I entitled to my deposit back immediately if I tell them I'm moving out and ask for the deposit, or is it more complicated than that? Does it matter if it's just me leaving, versus one or both of my roommates also leaving? Can the landlord couple the refund of my deposit to the issue of how much rent/notice we owe them before moving out, or are those entirely separate issues?

Thanks for your time and your help, I appreciate it.
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Postby TenantNet » Wed Jan 05, 2011 7:14 pm

We've answered this many times. Look at the Month-to-month section in the Forum Reference Section.

For tenants in NYC (non-regulated), no notice is required to move out (although the LL must give notice if he wants the tenants out).

Your deposit is all combined for all tenants. It's one lease, one apartment.
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