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30 day notice in NY

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30 day notice in NY

Postby bpa098 » Tue Oct 14, 2008 11:50 am

on 9/30 i was given a 30 day notice and moved out by the 5th, do i owe for the whole month of october since i moved out early instead of waiting til the end of the 30 days????

can anyone direct me to a website showing proof of the answer, hopefully i am right and can print out the law and proof it to my land lord. i gave him a prorated amount for the 5 days so i should get my Security deposit back right?
bpa098
 
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I want to know too

Postby buried in snow » Wed Apr 21, 2010 11:10 am

I moved from Buffalo to NYC yesterday. I informed my landlord my plan in January before I move in. I said I will move out by April 23 in an e-mail. I moved in on February 2. Then on March 19 or 20, I informed his agent (the resident caretaker of the house) my plan to move out on April 20. I then called my landlord the next day. Yesterday, he did not give me my April 21-30 portion of rent back (I paid for April in full on April 1). He also took $50 from my deposit as some sort of administrative fees (I forgot the exact wording).

Here are some facts:

His Craigslist listings contain "month-to-month". However, the signed agreement does not contain any month-to-month clause.

His agreement contains a clause that requires tenant's written notice 30 days in advance. It says on or before 1st. However, it would be difficult to construe it as strict 1st to 1st based on his wording. I will supply the full text later. I have to install OCR.

When I informed the caretaker, he did not remind me of my rights and obligations. When I called the landlord, he did not either. I simply forgot the clause. I knew that the law of NY state does not require written notice. So I did not bother.

Several days later, the resident caretaker gave me a printed form to sign and told me to return it to him on April 1 with the monthly rent.

The resident caretaker has been in that house for more than 20 years. The landlord has been in this business for 30 years. They knew the rules. They created the rules. Even though I know a little about NY's laws, this is not my specialty and I overlooked some devils in the details. I did not notice the written notice requirement.

If they choose to inform my rights and obligations in an honest and good will manner, they will notice me that I shall supply a written notice according to the agreement. I will supply that agreement in FIVE MINUTES.

Even if they did not tell me so, the instruction that I return the signed notice on April 1 denied my right to preserve evidence very possibly on purpose. I signed April 1.

The actual agreement does not contain "month to month". It also does not contain any language that can be construed to mean "1st to 1st".


As to the $50 reduced from my deposit, I do not see it anywhere in the agreement.

I have been there for only 2 2/3 months. I was my plan. I did not mean to stay in Buffalo for long. The landlord actually welcomes these short-tern tenants.

Since my stay is only about 80 days, I did not contribute to worn down of the house. I also shall not pay too much for the required re-painting.

The resident caretaker did a military-styled inspection. I was asked to clean up the room using brooms, vacuum cleaner and mop. The first time I left some oat-flake sized paper chips on the carpet, the resident caretaker asked me to redo cleaning.

I was asked to clean up my side of the shared refrigerator. There's old stain under the vegetable tray (the floor of the refrigerator), I used a Brillo pad, the back of a spoon, lots of efforts to remove them all. Finally I used paper towel to wipe everywhere free from any detergent.

I did all the cleaning. The room and my food storage and my part of the refrigerator are as clean or even cleaner than when I came in.

I did not damage the room or the house in any manner. It is now as clean or even more cleaner than February 2.

There is no ground for them to take $50 from me. However small amount.
buried in snow
 
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