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m2m renter...need advice about 30 day notice

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m2m renter...need advice about 30 day notice

Postby hal9696 » Fri Aug 16, 2013 5:56 pm

Hi,
I need advice on my current predicament and appreciate your suggestions.

I have been renting a room month to month and never signed a lease (living in NY). I plan on giving a 30 day notice on the 20th, so my question is the following: Am I responsible for next month's rent if the person I am renting from cannot find someone by the first? (FYI: I've never dealt w/the landlord directly, only him). Or is it their responsibility to find another tenant by next month to cover rent? Also, I always pay on the first.

Lastly, do I still hold the right to ask for my security deposit back?
It's a bit confusing to me since I never signed a lease. In this circumstance, who is legally in the right?

thank you!
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Postby TenantNet » Fri Aug 16, 2013 6:54 pm

Depending on the nature of your tenancy, in NYC you should not need a 30-day notice. See the rules for M2M tenants in the Forum's reference section.

Are you a roommate, a sublet of a net lessee, or just a renter? Do you have just a room in a larger apartment?

If you gave notice today, Aug 15, your 30 days would expire on Sept. 30, and you should pay rent for September unless you have other reasons for withholding it. You would not owe rent for October.

If the LL has a deposit and you suspect they might play games by inventing false damages - some tenants consider withholding the last month's rent to be covered by the deposit. This is an option in our opinion, not necessarily a recommendation.

Make sure there are no damages, take photos of everything, do a walk-through and have a witness so they can't invent things.
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Postby hal9696 » Fri Aug 16, 2013 7:36 pm

Thank you TenantNet. I will read the M2M tenant rules.

I am renting a room in a 4 bedroom apt. I give my portion of the rent to the person I am technically renting from, although the lease is under her father's name. The LL does not have my deposit, the girl I rent from does.

If I gave a 30 day notice today, wouldn't my 30 days expire on the 15th? Or are you saying that my 30 day notice starts from the beginning of September?

Without a lease or contract, am I still responsible for September's rent even w/ my 30 day notice? Or am I only responsible till up to my moving date, in which case she should prorate my rent up till the 15th?

I have friends whom are telling me differently, and that because I am not under a lease with specific stipulations, I am not obligated to pay for September and that it is her responsibility to find a tenant within the next month whom would pay September's rent. But since I pay on the first of every month (lease or no lease), I don't know how true that is. I feel like I would have had to give her a 30 day notice at the end of last month in order to avoid having to pay September's rent. Even if I'm not legally liable; I don't feel fair in giving her only 2 weeks to find a tenant who is willing to pay their portion before their moving date, especially when it's unlikely that she'll find someone who's willing to move mid-month.

I'm not worried about the security deposit as much. I'm just trying to figure out what I'm responsible for by NY state law.

Sorry if this is confusing! I have a hundred other things on my plate right now and I'm feeling a bit frazzled!

Thank you again!
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Postby TenantNet » Fri Aug 16, 2013 8:28 pm

If you're renting a room, then really you are a roommate or an undertenant. It can vary depending on the situation. But your legal obligations might be the same as a regular tenant.

It sounds like the father-daughter are running a scam. Does the LL know what's going on?

If you are M2M, then no notice is necessary. If you want to give notice just to avoid a hassle, then do so. Tell them Sept. 15. Can't hurt. Don't get caught up on details on this. If you give the notice, then it doesn't matter unless you go to court and someone raises it as an issue.

If you pay monthly, and assuming your notice is given now and goes to Sept. 30th (for the moment disregard the Sept 15 issue), then of course you are responsible for Sept rent if you are living there, that is unless you have other reasons to withhold rent.

The idea of being M2M is that your "lease" constantly renews every month, and constantly expires every month. So if your lease is up, and it expires (at the end of every month), and if you move out, then an argument can be made that you don't owe Sept. rent.
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Postby Emeraldstar » Fri Aug 16, 2013 9:47 pm

Hi All
Just my take....your a roommate, and you pay rent on the first of the month, so I would tell the person you pay rent to that your leaving by Sept. the 15th. Ask them to prorate the two weeks of Sept from your security dep. They may do it and if not then take your time & leave by Sept. 30th. Just know that if you pay on the first the expectation probably is you should have given notice to leave by Aug. 31st. so they may get pissy about the extra 2 weeks. That is why you should get your security deposit used towards the rent.
FYI...It's their responsibility to find another roommate. The renting of rooms is their source of income not yours. If they were good roomies you may know someone who could take your place, and that is nice but your under no obligation.
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Postby ronin » Mon Aug 26, 2013 12:15 pm

It may not be your duty to worry about giving them enough time to find a new roomie, but it's definitely good karma for you to. And it sounds like you feel she is a decent roommate, so I would give her the notice early- right now is prime roommate season and she can find a replacement for you on September 16!

Not giving notice could lead to a fight over the deposit as she can say you owe for all of September.
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