Q: Leaving mid-month with a month-to-month lease in NY
I am a tenant with a month-to-month lease in upstate New York, and I have given a 30-day notice in the middle of the month. Am I allowed to leave mid-month, and how does this affect my rent obligations for the final month?
A:
Dear Albany Tenant:
The notice by the tenant to end a month-to-month tenancy is effective on the last day of the month following the month the notice was provided. Technically, it is a 'one-month' advance notice, not thirty days, but no one, not even most experienced attorneys, will say one month rather than thirty days.
This means the full rent for that last month is due on the rent due date, even if you move out mid-month. New York State does not recognize the right to apportion rent. Your landlord may not know that, so it does not hurt to ask to pay half the month instead of the whole. But if your landlord knows NY State law, he will want the full month paid.
'upon the tenant's or non-residential landlord's notifying the landlord or non-residential
tenant at least one month before the expiration of the term of the
tenant's election to terminate...' [https://www.nysenate.gov/legislation/laws/RPP/232-B].
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