Legal Question in Real Estate Law in New York

Paying rent

I have a lease that states a 45 day notice is required prior to vacating. I told my landlord that I was moving on November 13 thinking that December would be the last month I had to pay. She is telling me I need to pay her January's rent as well because I told her in the middle of the month. She actually told me that I have should have given her a heads up in October. I don't believe that I should have to pay the January rent because I am giving her the expected 45 day notice


Asked on 12/06/06, 1:54 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Paying rent

WITHOUT READING THE EXACT LANGUAGE OF THE LEASE, IT APPEARS YOUR LANDLORD IS CORRECT. THE TRADITIONAL LAW ON NOTICES IS THAT IT RUNS FROM THE FIRST OF A MONTH, NOT THE EXACT 45 DAYS IN YOUR CASE. THUS, IF YOU WERE TO BE LEAVING ON OR BEFORE DECEMBER 31, THE NOTICE SHOULD HAVE BEEN GIVEN TO BE RECEIVED BEFORE OCTOBER 16TH. THUS, DEPENDING UPON THE DATE ACTUALLY RECEIVED, IT COULD INVOLVE AN ADDITIONAL MONTH'S RENT, SINCE RENT RUNS FROM THE FIRST TO THE END OF THE MONTH, NOT MID-MONTH. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. OMITTED OR DIFFERENT FACTS COULD PRODUCE A DIFFERENT REPLY.

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Answered on 12/07/06, 11:36 am
Seth Kaufman Kaufman PLLC

Re: Paying rent

I think you may have a point, though it depends on what your lease says. The rule stated by Mr. LeVine is applicable where the contract does not state otherwise. You should have an attorney review your lease as soon as possible.

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Answered on 12/09/06, 11:32 pm


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