Month to month lease move out date question

Asked by jsinky01, NoLita, New York, NY Sat May 26, 2012

my subtenant has informed me during a phone conversationon May 12th that he will be moving out on June 15th 2012. This puts me in a situation where I am out half a months rent. I have read the nyc renters guidelines and it just says 30 day notice in new york city. However if either party wants to terminate the lease they have to have the notice in by the first of the upcoming month. The problem is that he says he only owes me half of junes rent because he is only staying half of the month. I requested his notice in writing but he has yet to send that to me.

My question is if he just sends me a check for 1300 can i deduct the remaining amount from his security at the end of the lease? Also please correct me if im wrong but he has the right to vacate as early as possiblebut he still owes the entire months rent. Also does his notice have to be in writing by law? I am interpreting the guidelines to the best of my ability, if im incorrect please feel free to let me know.


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Aran Scott, Agent, New York, NY
Thu Jul 26, 2012
In this situation it is best to let them leave on the 15th, however make sure to let he/she know that you will need access to the apartment for the last month so you can show it to potential renters. The last thing you want to do is get caught up in legal. With a good broker a month is plenty of time to rent the space out. Also there are a lot of people in NYC who will take apartments mid month so you shouldn't loose out on 1/2 a month.
0 votes
Veronika Baba, Agent, NY,
Sun May 27, 2012
I am a landlord to. I had problems with nonpayment of a rent. My advice is to let you tenant go on the 15. of the month. He pay you for 1/2 of the month and gave you notice one month in advance.Do not hold the security deposit. If you decide to go to the court you will only lose a lot of many. There is nothing in your favor in the landlord tenant court. It is better to lose 1/2 of the month than to pay more money.
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James Furlong, Agent, Brookline, MA
Sun May 27, 2012
Be careful how you use the security deposit. You could be liable for damages if incorrectly applied and the tenant chose to sue. The security deposit cannot be used as rent (in most situations).
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First Last, , 90002
Sun May 27, 2012
Unlike the previous two commentators, I am a landlord and this is the kind of thing that comes up frequently.

It sounds like you have a lease--by the way, leases do not need to be in writing if they are less than 1 year in duration.. If it's a conventional one, the lease says the tenant is to pay for the entire year (or shorter period), but you as landlord have agreed to accept what is owed in monthly installments.

In that situation. yes the tenant is on the hook for the entire rent, as you say here. But.....that may not help you. The big question to me is, how much to you want to spend on legal fees to recover $1300?

Someone renting for $2600 may need landlord references in the future or care about their credit score. You can use these observations to negotiate for what is owed to you. If the subtenant does not care, that is not going to work.

I would try very hard to work this out with the tenant myself, with repeated contacts. Quote the lease, quote from government websites. Surely you have an email address for the subtenant? Email and text messages can be used in court.

If that doesn't work, look for a lawyer who specializes in landlord issues. Sometimes a letter from your attorney will do the trick.

I would not deduct the rent owed from the security deposit without professional legal advice. On that question alone you should be able to call a lawyer and get some free advice over the phone. Good luck with this one!

Karla Harby
Licensed Real Estate Salesperson
Rutenberg Realty
New York, NY
0 votes
Jacques Ambr…, Agent, Forest Hills, NY
Sat May 26, 2012
Unfortunately with no written lease, there is nothing to enforce. Security deposit is usually for physical damage, A lawyer should be your next step.
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Raoul Sodoga…, Agent, New York, NY
Sat May 26, 2012

My name is Raoul and i am with Nest Seekers International.

My first question for you is did you make him sign a lease before he moved in?

My second question follow the same line as the first: A lease will help you make him accountable for the rent payment until the end of the lease. Now, if you didn't make him sign a lease, then you both are screwed. You can now do whatever it takes to get that money of the month of June from him, even from the security deposit.

Good luck.
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