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Month to month, 60 day notice rent

Started by toxindesigns_2077307
about 9 years ago
Posts: 0
Member since: Oct 2016
Discussion about
I was told I was in a month to month lease after I completed my year lease with my current rental company. Having said that I assumed that ment I had to give a 30 day notice but turns out its a 60day. I Closed on a new home and completly moved out mid october. With the 60 day notice I still have to pay for the month of Nov. Now im paying on my morgage and rent on a apartment im not living in. I am considering just not paying for the month of Nov and eating my deposit. I really cant afford to pay for that much in one month. What is the likley hood of legal action if I did do this? Also any suggestions on what I could do in this situation or am I just out of luck? Thanks.
Response by UES_Ida
about 9 years ago
Posts: 76
Member since: Oct 2015

I'm not sure that's right. The whole point of a month to month lease is that it's only good month to month and either side can give notice within one month (30 days in NYC). Your landlord may include all sorts of provisions in the lease but that doesn't mean they will hold up.
If your deposit is same as your rent, there won't be any legal action (for what?) but why give your landlord that money? FYI - the landlord is required to give you back your deposit within a certain period of time and provide an itemized list of repairs if they use the deposit for something (forget what time period exactly) so keep that in mind too. And if they re-let your place as of November 1, they certainly can't keep your deposit and ask you to pay rent so something else to check. Finally, if they haven't been keeping it in escrow that's another basis to get your money back. NY has a lot of tenant protections. I think you'll be okay if you just do some research.

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Response by fieldschester
about 9 years ago
Posts: 3525
Member since: Jul 2013

Doesn't matter when you moved out.
When did you give notice?
It's not 30 days, it's monthly. You need to give notice before the start of the month, as you pay a full month at a time, not for partial months ie days.
If you gave notice any time in September, then you are done at the end of October. But if you waited until October, then yes, you pay October, and you pay November.

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Response by 30yrs_RE_20_in_REO
about 9 years ago
Posts: 9877
Member since: Mar 2009

fieldschester is correct, however depending on the wording it could actually be longer than that. If it is worded that you have to give 30 days notice of your intent not to renew for another month then a thirty day notice not to renew on September 10th would actually take effect October 10th which means you would not be renewing the November 1st holdover.

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Response by fieldschester
about 9 years ago
Posts: 3525
Member since: Jul 2013

fieldschester is always correct and won't send you to live near the post office in west chelsea when you desire to live in the west village.

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Response by 30yrs_RE_20_in_REO
about 9 years ago
Posts: 9877
Member since: Mar 2009

Except he is geographically challenged calling 7th Avenue "West Chelsea".

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Response by fieldschester
about 9 years ago
Posts: 3525
Member since: Jul 2013

I don't think anyone cares.

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