Legal Question in Real Estate Law in New York

Hi,

I have a signed roommate agreement with my roommate, who is the sole lease holder of the apartment. According to our agreement, I am required to provide 30 day notice before vacating the apartment. I have given my notice well in advance. The issue is that I plan to vacate in the middle of the month which would mean that i would have already paid the rent for the full month. Would my roommate be legally liable to refund me for my unused rent since i am satisfying the 30 day requirement and the agreement does not state that the notice has to be on 1st of the month.


Asked on 12/14/13, 10:31 pm

2 Answers from Attorneys

Most likely yes , this depends on a full reading of the contract and any additional verbal agreement you may have.

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Answered on 12/15/13, 7:09 am
Kevin Connolly Kevin J. Connolly

You're not paying rent. You are paying your share of the rent for permission to live there: you are a licensee. Let's say you give notice 12/15 that you're moving. So what you intend is to pay a half share of the rent on 1/1 and then skip away on 1/15. You would be giving merely 15 days notice of this little change in plans. I would say that your roommate has the legal right to lock you out on 1/1 when you fail to pay your full share of the rent.

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Answered on 12/15/13, 1:45 pm


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