Legal Question in Landlord & Tenant Law in New York

I have a tenant who's lease expired May 31, 2011. They have been month to month since the lease ended. Today is August 9th and they just said they are moving out by September 3rd because they found a house to rent.

my question is, do they need to legally give 30 days notice? should they be responsible for Septembers rent?


Asked on 8/09/11, 5:44 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Q. my question is, do they need to legally give 30 days notice?

A. Yes.

Q. should they be responsible for Septembers rent?

A. It depends on the terms of the underlying lease agreement. Generally, the answer would be yes. However, you also have a duty to mitigate damages. Therefore, if you obtain a replacement tenant for 9/1, the answer would be no.

Mike.

Read more
Answered on 8/10/11, 10:31 am


Related Questions & Answers

More Landlord & Tenants questions and answers in New York