Q: Ending a month to month lease in Brooklyn NY with an argumentative landlord, just trying to figure out my rights, if any
Hello, I am in a month to month lease with my landlord. I am moving out on the 18th of the month, and have given a month's notice. Upon moving in, the landlord offered prorated rent, but when I brought this up to see if that would be an option for moving out they said no. They do not want to give me notice when they want to show the apartment to people while I am still living there, they sent me a time slot, but nothing about what days, and when I brought up them letting me know and giving me notice so I can prepare the house, and make sure my things are away, they keep saying "I already did, I gave you hours." Is it possible to have them take the security deposit I put down as the rent for that month? And is there anything I can do about prorated rent or the issue of her not giving me notice to show the apartment?
A:
Dear Brooklyn Tenant
New York State housing law has not built in to unwritten month to month leases the implied covenant of rent proration. This means that without a written agreement to prorated rent that there is no entitlement to do so.
Your last month rent is due on the 1st day of the month. If you do not pay, the landlord is entitled to deduct the unpaid amount from the tenant security deposit, as long as the landlord sends to you written notification of the taking to pay the unpaid rent within 14 days after you move out.
Generally speaking in NYC a month to month tenant without a written rental agreement is not required to provide any advance information about moving out as long as the tenant moves out before the next month rent payment is due. Obviously moving out on the 18th obliged paying for the full amount of the rent on the 1st day of the month.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In New York, tenants are generally required to give at least 30 days' notice before leaving a month-to-month lease, which you've done. However, using your security deposit as last month's rent is not typically allowed unless the landlord agrees. This is because the security deposit is intended to cover any damages to the apartment, not to replace rent.
Regarding prorated rent, this isn't a requirement by law unless previously agreed upon in your lease. Since your landlord offered prorated rent when you moved in, you might have grounds to request it upon moving out, but it depends on the terms of your agreement. It's worth reviewing your lease or any written agreements you have regarding prorated rent.
Finally, as for the landlord showing the apartment, in New York, there is no statute that specifies the exact notice landlords must give before entering for showings. However, it is generally accepted that 24 hours' notice is reasonable. If your landlord is not providing reasonable notice, you can request them in writing to do so, referencing your right to privacy and the need for reasonable notice. If issues persist, you may seek advice from a local tenants' rights group or legal advisor for more specific guidance based on your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
