NY Month to Month Question

[kimfromny]

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

Hello. I have a month-to-month verbal lease question. I reside in Western New York. I had a frozen pipe in my apartment that burst. My landlord is trying to hold me responsible for repairs, which I do not feel I am responsible for. Now he has sent me a text that he is ending the month-to-month lease and I have to be out by the end of the month. I know that he has to give me more notice and that technically I have until the end of January. Is a text sufficient notification to end a lease in New York? I want to move out as soon as possible, but it is going to take some time as I have medical issue and I want to stay in the same area so that my child does not have to switch schools. I will pay the rent on the 1st as normal. But if I cannot get out within the month, should I pay the next month's as well? I assume the next step would be that he would have to evict me, right (if he does things properly)? But if he cashes the rent check does that prevent an eviction and buy me some time?

Thank you for your help!

 

[FarmerJ]

Notices should be written on paper and sent via a means that gives the sender proof and have to give the amount of time state law allows so if your LL did not give you proper notice then NO you do not have to be out by the end of December just because that amount of notice is not proper and yes you would be expected to pay January rent so If the LL say in a few days pops in and says anything be polite but tell him your not leaving until the end of January and if he doesn't like it then he is free to take you to court and show the court that his notice was proper notice , in the time being I guess you may want to get that text printed out and make sure to save it. Make sure to take a lot of exit pictures and clean good so if you have to sue the LL for your deposit you can show the court the apts general wear and tear and how clean you left it. AND very last did you take steps to keep the heat at reasonable temperatures which would normally be enough to prevent water pipes from freezing ?

 

[BL]

As farmer asked what were the circumstances of the water break?

Regarding the NY State LL/tenant Laws . Send the LL the required info.

Refer here: http://www.ag.ny.gov/sites/default/files/pdfs/publications/Tenant_Rights_2011.pdf

It all depends on the surrounding set of circumstances for the water burst who pays.

 

[kimfromny]

The pipe froze after a blizzard. It actually froze below my floor and the lower apartments' ceiling. I can't say for sure that it froze, but the pipe burst. I'm being blamed because the tenant downstairs and the landlord are good friends. Do you have anything that I can reference that the notice has to be in writing? Thank you!

 

[LdiJ]

The pipe froze after a blizzard. It actually froze below my floor and the lower apartments' ceiling. I can't say for sure that it froze, but the pipe burst. I'm being blamed because the tenant downstairs and the landlord are good friends. Do you have anything that I can reference that the notice has to be in writing? Thank you!

Well, in that case it would seem like either of you could have been at fault or neither of you. However, if either of you did not keep your apartment adequately heated for the period in question, that could make you at fault. Its weird however to have frozen pipes that are between apartments and not on an outside wall.

 

[FarmerJ]

curious ?? was this pipe one that served a outside faucet ?

 

[kimfromny]

It actually brought water to my kitchen sink. I turned the heat down while I was at work, but certainly not below freezing. My kitchen sink is along an outside wall, but the pipe that actually burst was between the floor and ceiling. It was repair through the lower apartment's ceiling. It was actually pretty close to the middle of the kitchen - water was pouring out of his light fixture when it burst.