Legal Question in Real Estate Law in New York
Tenant's legal requrements
I moved into my apt. 6 months ago with no lease agreement. I'm moving out and my landlord has told me that it is New York state law that I am reqired to give 30 days notice. Is this true? Also, I withheld my last month's rent assuming that my security deposit (which equals one months rent) would be applied as rent. The apartment is in far better condition now than it was when I moved in, but having no documentation of this, I was afraid my landlord would keep the deposit without any real reason. My reason for moving out, if it makes any difference, is that after 6 months my landlord still has not made many repairs that he promised me before I moved in, including some that I think may be fire code violations. Please let me know what my obligations are. Thanks.
1 Answer from Attorneys
Re: Tenant's legal requrements
You do need to give 30 days notice prior to
the commencement of the last month
You cannot use a security deposit as the
last month's rent
so do not be surprised if a court rules against\
you