New York, NY asked in Real Estate Law and Landlord - Tenant for New York

Q: How should I proceed?

Hello counsel. I’m renting a room for 13 months. Payments are always due on the 27th day of the month (the day that I moved in). On the 23rd of this month (11/23) I gave my landlady and roommate a 30 days notice. I did not pay the rent, thinking’s that I could use my deposit. She texted me today asking for payment. I said I would use the deposit and she said I couldn’t. That deposit would be giving back once I leave and also that I had to pay the full month, even though I gave the 30 days notice on the 23rd. When I moved we signed a paper stating that I paid first month and deposit. What should I do? I think it’s unfair request me full month, since I’m leaving 4 days before and gave 30 days notice. What are the risks if I don’t pay? I’m afraid of paying the rent and on the last day she refuses do give me the deposit. Thank you so much!

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You are supposed to pay the rent. However, practically, you cannot be evicted any quicker.

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