Month to month tenants in a non-rent stabilized, owner occupied, 3 unit building. More than 30 days prior to the beginning of the last month, we were properly served with our landlord's notice to terminate our tenancy. We have not actually talked to (or even seen) the landlord since then. We signed a lease for a new apartment which will not be finished until the 7th of the month.
As holdover tenants for one week, we would strongly prefer not to pay a full month's rent. The landlord does have a security deposit, of approximately one-third of a month's rent.
Do we preemptively pay pro-rated use and occupancy? Do we holdover and not pay anything and let her file a holdover petition (and potentially waste all of our time going to court?) Or if we holdover and proactively pay less than a full month's rent, could we become liable for nonpayment?