Northport, NY asked in Landlord - Tenant for New York

Q: I rented an apartment for my daughter full time and myself whenever I was in NY. The one year lease expired October2023

I want out I no longer want it. If my daughter wants to maintain on her own it’s on her. Am I responsible still? Should I advise the landlord about this?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Given that your one-year lease expired in October 2023, your legal obligations and the best course of action depend on a few factors:

1. Lease renewal: If you or your daughter did not sign a new lease or lease extension after the expiration of the original lease, you are likely on a month-to-month tenancy. In this case, you can typically terminate the lease with proper notice (usually 30 days, but it varies by state).

2. Communication with the landlord: It's important to inform the landlord of your intention to vacate the apartment. Provide written notice, preferably by certified mail, to ensure a record of your communication.

3. Responsibility for rent: If you are the only person on the lease, you are legally responsible for paying the rent until the lease is properly terminated. If your daughter wants to continue living in the apartment, she would need to sign a new lease with the landlord, relieving you of the responsibility.

4. Security deposit: When you vacate the apartment, the landlord should return your security deposit, minus any deductions for damages or unpaid rent, as outlined in your lease agreement and in accordance with New York law.

It is crucial to communicate your intentions to both your daughter and the landlord to ensure a smooth transition and to minimize potential legal or financial issues. Consult your lease agreement for specific terms and conditions, and consider seeking legal advice if you have any concerns or if your situation is complex.

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