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NY - 30 Days Notice v. One Months Notice

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Americamike

Junior Member
What is the name of your state (only U.S. law)? New York

NYS Law says that A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. I am confused about one month versus 30 days.

If my rent is due on the 1st. Can i give one months notice on the 19th and pay pro-rated rent for 19 days the following month or do I have to pay for the entire month ?

Thanks.
 


atomizer

Senior Member
Some states do differ, but normally your notice should be given before the beginning of the next rental period. So,your notice would be in efect for the following month. Proration is not a requirement unlesrs specified in the lease or agreed to by the LL
 

Gail in Georgia

Senior Member
This may help (especially 232.B,, although the example involves a landlord giving notice to a tenant).

TenantNet :: View topic - Month-to-Month Tenants in NY

In a month to month tenancy (and if your rent is due the first day of each month), the lease begin on day one of each month and terminates on the last day of each month, only to repeat itself.

To terminate such a lease, you need to provide written notice AT LEAST one month prior to the expiration of the lease; however, you would continue to owe the entire amount of rent for your last month.

Gail
 

Who's Liable?

Senior Member
Thanks for the replies but I can't seem to find clarification on whether i can give notice within a rental period.
You can give notice within a rental period, however depending on your state's laws as well as any clause in your lease, the notice would not be in affect until the next rental period.

For example if your state deems a rental period is the 1st of every month, any notice given would fall on that date. A notice given on Jan. 15th would not be in affect until Feb. 1. Even if the notice is given on Jan 30, it would not be in affect until Feb. 1. If you gave notice on Feb. 2, it would be in affect on Mar. 1.

However if your lease states the rental period is the 15th of every month, the same rules would apply as above, except the cut-off date would be the 15th.

Pro-rating is usually only addressed in the lease.
 

You Are Guilty

Senior Member
If the lease is silent on pro-rating (and most are), you will need to give a full month's notice, which can be done at any time (but you will not be able to pro-rate any remainder if you do it prior to the start of the month).
 

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