Legal Question in Landlord & Tenant Law in New York

Moving out of an apartment with no written lease

I have been renting an apartment for the past 6 years. I have no written lease...never have. I am buying a home and plan to move out on Oct 31st. I notified my landlord on Oct 4th that I would be moving. I received a letter from my landlord that I owe him for November rent since I only gave 27 days notice. Nothing was discussed at the time I moved in about the amount of notice that must be given when moving out. Am I liable for November rent?


Asked on 10/14/04, 10:31 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Moving out of an apartment with no written lease

Yes. As a month to month tenant, you must give at least 1-month's notice prior to the start of the next rental period. In other words, to get out November 1, you must give notice by September 30. If you give notice October 2, it's less than 30 days to the next rental period, so the earliest date you could give notice for would be November 30. The same standard would be true if the landlord attempted to evict you.

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Answered on 10/15/04, 9:35 am


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