Q: Do I have to give a 30 day notice? If so, will I be required to pay full rent if I gave less than 30 day notice.
I've been living at the location for 1 year on a month to month lease. I found a new place and am moving out in less than 30 days. I want my rent to be pro-rated. My landlord is saying that I have to pay the full rent, because I did not give 30 day notice.
A:
Dear Brooklyn Tenant
There is no statute that requires advance notice when ending a month to month tenancy in NYC. But stay over one day into the next rental period you will owe rent for the entire month. This is due to the ancient and still lawful process of New York rental law that does not recognize the notion of prorated rent.
New York wants to keep the rules of month to month tenancy simple. Everywhere in the State other than NYC a tenant ends a month to month tenancy by giving at least one month notice and moving out ahead of the next rent due date. This is because in New York State the rent for the entire month is due in full on the rent due date usually the first day of the month.
In NYC it's simpler. Just move out before rent comes due again. Owe the landlord for the entire month if you stay on after the rent due date even for one hour.
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