Legal Question in Landlord & Tenant Law in New York
Landlord not complying with signed lease contract
My husband and I just purchased a home. The landlords have known all the long that we were doing this. We gave our 30 day notice to the landlord on June 15 stating we would be vacating the place as of July 15 (30 days - like the lease states to do). We did not want to be without a place to live if we had given notice earlier. The landlord is stating that we must pay the full $550.00 for July because we did not give notice as of June 1. In the lease contract under termination it reads that this agreement and the tenancy hereby granted may be terminated at any time by either party hereto by giving to the other party not less that one full month's prior notice in writing. Do they have a right to do this?
3 Answers from Attorneys
Re: Landlord not complying with signed lease contract
This is typical in most leases. The key is the "full month's" notice, which is customarily regarded as running until the end of the month following notice. However, I have seen some leases that are worded differently, particularly when the tenancy begins on a day other than the first of a month. The actual language of your lease would govern this situation.
Re: Landlord not complying with signed lease contract
Yes. You ae required to pay until end of the month unless your lease starts and ends on the 15th. You did not give "One Full Month's" notice, you gave 30 days. Different.
Re: Landlord not complying with signed lease contract
Probably. The key is the terms of the lease. If the lease starts on the first day of the month and rent is due on each first day thereafter, a full month�s notice means a full month prior to the time the next rent installment is due. Therefore, in your case, the 30 days notice was not sufficient. That is unless the lease had separate terms for apportioning your occupancy (almost no lease does). Just as the landlord couldn�t end your right to possess the apartment prior to the end of a month, you cannot take away his right to be paid rent for only part of a month during which you are living on his property.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Related Questions & Answers
-
Advertising Tenant Association Meeting My building has an informal tenants... Asked 6/30/03, 3:00 pm in United States New York Landlord & Tenants
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
