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Hi, I am residing in NYC and I signed a rental agreement that is
month-to-month. At the bottom, the landlord had a bullett point that
said I must give notice on the LAST day of the month, iow, I have ONE
day a month to give notice. Is this LEGAL? Also, is the tenant
required to give 30 days notice or is this a convience? IOW, in month
to month tenancey, if I leave at the end of the month (fully paid)
without giving notice, can they sieze my deposit as rent and try and
get additional rent? thanks....
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In article <3v0tjvsq2hnasrccqaanecqvqobomtu38n@4ax.com> in
misc.legal.moderated, mj <forum@rootat127001.xsmail.com> wrote:
Hi, I am residing in NYC and I signed a rental agreement that is
month-to-month. At the bottom, the landlord had a bullett point that
said I must give notice on the LAST day of the month, iow, I have ONE
day a month to give notice. Is this LEGAL?
Let's suppose, for the sake of argument, that it's not legal. Even
so, is it really all that much of a burden to give notice on that
particular day?
The law does not like to spend time on trivial matters, where no one
is actually harmed. Unless there's some scenario where this would
cause you actual harm, I can't see that it matters, regardless of
whether it's technically legal.
However...
If the landlord added this point to a standard agreement (as seems
to be the case from what you say), then perhaps it's just bad
drafting. Why not ask he landlord what he meant by that? If you have
to give notice _on_ a particular day, surely there's no objection to
giving notice _on_or_before_ that day (which is probably what the
landlord meant anyway.
Also, is the tenant required to give 30 days notice or is this a
convience?
I'm not sure what a "convience" might be, but what does your lease
say? Normally, in month-to-month tenancies, you give notice any time
during any given payment period, and it is effective at the end of
the next payment period. This protects both of you: the landlord has
time to look for anew tenant, you have time to look for a new
place.
For instance, suppose you pay rent on the first of the month. If you
give notice any time during August, it is effective the end of
September. And the same for the landlord, assuming that payment
date: if he gives you notice during August to move out, other than
for your violation of the lease terms, it is effective the end of
September.
OW, in month
to month tenancey, if I leave at the end of the month (fully paid)
without giving notice, can they sieze my deposit as rent and try and
get additional rent? thanks....
Do you mean, if you have paid the August rent and you leave at the
end of August, without having given notice in July? Then yes, you
owe rent for September.(*) Legally your security deposit is not the
last month's rent, but if there are no other damages landlords and
tenants often act as though they've agreed to apply the security
deposit to that last month's rent.(**) As long as landlord and
former tenant are both satisfied with that, the law is unlikely to
interfere; but moving out without notice tends to annoy landlords
into finding damages to charge the former tenant for.
(*) Assuming there's not some unusual provision in your lease that
changes that.
(**) Two exceptions, one each way: (1) The landlord must make a
good-faith attempt to re-rent the place. If he gets it rented and
starts collecting rent before the end of September, then the amount
you owe is reduced by the net amount of rent he collects, net after
the expense of re-renting. (2) If you damages the place beyond
ordinary wear and tear, that increases the amount you owe.
--
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com
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In article <1lg2kv4db9osvtibpiac6nvume0cua9l01@4ax.com> in
misc.legal.moderated, mj <forum@rootat127001.xsmail.com> wrote:
#17 reads: "This agreement and the tenancy hereby granted may be
terminated at any time by either party hereto by giving to the other
party not less than 30 days prior notice in writing. Terminations
initiated by the Tenant must end on the last day of the month."
q: as the tenanant, what can happen to me if I don't give 30 days
notice?
what can happen if I give 30 days notice but not on the first of the
month?
Read what it says. It doesn't say notice must be given on the last
day, it says that's your last day of residence, at least 30 days
_after_ you give notice.
You give written notice, and the clock starts ticking; your move-out
date is the end of the month that comes next after 30 days. Give
notice July 28; move out August 31. Give notice August 1; move out
August 31. Give notice August 2, move out September 30.
("Tenant" has two n's, not three. Why is this particular error so
common?)
--
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com
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