How much 'Rent' if moving out after Termination Date

[donbach]

New York City, Non-Regulated, 3-family house

My lease expired a few months ago and I became a month-to-month tenant. Then last month, Landlord served a 30-day Termination Notice. I'm fine with moving out, but won't be able to until about 2 weeks after the Termination Date.

Do I have to pay a full months rent for the 2 week holdover. What can the LL do if I don't pay, or pay only 2 weeks worth. Can LL deduct from my Security Dep. so he has a full months rent.

Thanks in advance.

[delena76]

Pro-rate it. If you are suppose to be moved out on May 31st, but can't move out until June 14th, then you will need to pay rent between June 1st and June 14th. So if your rent is $1000 a month, that divided by 30 days is about $33 per day. So you would be paying about $462. I guess what I'm saying is don't expect to live there rent free for 2 weeks. Should you not pay then I believe he can take it out of your security deposit.

[TenantNet]

In general, if you stay into the next month, you owe rent for the complete month.

It's up to the landlord to object if you only offer a partial amount, but if he takes you to court, he's likely to win on that.

OTOH, if he does demand rent for the entire month, you have every right to do what you wish in the apartment until the term is over. If he takes possession in the middle of the month (and if you get a release/receipt) then IMHO you don't have to pay for the rest of the month. If it's empty and he goes in and starts work to prep it for the next tenant, then you don't owe rent for that -- if he has possession.

Yes, he can take it out of a deposit, which is why some tenants use the deposit to cover the last month's rent, even if that is not the intent of the deposit.