I was renting an apartment in Brooklyn, and the lease expired in May. The landlord and I agreed that I could do month-to-month payments, provided that I gave him 60 days notice. I emailed him on July 8th to give my notice. I then moved out on August 31. I thought that was the end of it.
In mid-December I received a court summons for nonpayment and was charging me rent for September, October, November, December, plus legal fees.
In hindsight the email exchange could be construed as ambiguous, so I don't know if he has a strong case or not. Here is the email exchange with names obviously changed:
June 24, 2013
DEAR MR. TENANT, YOU CAN REMAIN MONTH TO MONTH I WILL NEED 60 DAYS NOTICE PRIOR TO WHEN YOU WILL BE MOVING
PLEASE REPLY IF THAT IS ACCEPTABLE THANK YOU GREEDY LANDLORD MANAGEMENT
July 8, 2013
Dear Greedy Landlord,
Yes, I will give you 60 days notice now. Thank you.
Sincerely, Tenant
July 8, 2013
From Greedy Landlord to Tenant
That means you will vacate end of august?
August 23,
Yes,
Yes, 60 days notice means that we will vacate August 31st. The water is still leaking through the roof as well.
Best, Tenant
So my question is, what legal recourse do I have? Should I hire a lawyer? I talked to one on the phone and he said that because I did not physically hand the landlord the keys (I left them in the mailbox), and I did not notify him of leaving the keys there, that the judge may rule in the landlord's favor. Any advice would be GREATLY appreciated. Thank you.