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Month to month move out notice in NYC?

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Month to month move out notice in NYC?

Postby m3360069 » Wed Mar 28, 2012 7:06 am

We have been on a lease for 2 years (2008-2010), and after it ran out, we just continued to pay month to month for about 16 months. Paid rent on the 1st of every month.
We had to move out on January 15th, 2012. Gave LL written and oral notice on December 14th, 2011 and were out of the apartment by January 15th, 2012.

Now the landlord is claiming that rent was due for entire month of January and he kept our security deposit to cover that. Is that legal? My roommate filed a complaint/case with attorney general, do we have a case?
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Postby Emeraldstar » Wed Mar 28, 2012 7:06 pm

Hi All
Seems to me if you were month to month and rent was due on the 1st then your 30 day notice would apply to Feb. 1st. I'm thinking if you did not cover Jan rent that's what the LL is bitching about.
I'm not sure if you have a case but usually security is for damages. The AG's office should advise you on if a case or not.
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Postby ronin » Thu Mar 29, 2012 12:18 pm

Gee. You complain to the AG's office and THEN research whether or not the LL is within his rights to withhold the deposit?

It's non-sequitor. Does not compute.
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Postby Emeraldstar » Thu Mar 29, 2012 8:38 pm

Hi All
Oh there's that digital again.... :wink:
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deposit

Postby m3360069 » Fri Mar 30, 2012 5:43 am

My roommate filed the case without me because she was the one living in the apartment in January. I moved out at the end of December. I'm concerned she didn't do any research, and I'm afraid she/we might get his with major legal fees if our LL hires a lawyer and claims the costs.
In any case, the rental law only gives example of moving out at the end of the month, and doesn't give an example of moving out in the middle of the month. :oops: And then on this forum I read different opinions as well
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Postby Emeraldstar » Fri Mar 30, 2012 7:43 pm

Hi All
The forum has discussions on tenants who choose to live out the last month on security dep's because LL's can be shady about returning it. That said, if the LL did not at the least get 15 days pro rated rent or agreed to do so I'm not sure what your roomie expected? I agree with you that legal fees are a valid concern. If it was me & the rent was not covered I'de call it a day if the LL is agreeable to not go furthur.
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Postby TenantNet » Fri Mar 30, 2012 7:52 pm

Were the terms of the original lease that rent was paid on the first of the month, and the lease ran from the first of some month to the last day of some other month?

If that's the case, then the month-to-month rents are also on a monthly basis, not a partial month.

It works that way with the LL as well. If the LL gave you notice on 12/15/11, then it can't be effective until 2/1/12.
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Postby ronin » Mon Apr 02, 2012 12:01 am

Yes Emeraldstar. See what I mean? It fit perfect here. First complain then ask if it's proper= first fry the scrambled egg then break the shell and heat the pan.

Exactly. Non-sequitor!
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