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I'm considering moving out of my apartment when the lease is up (7/31) and am confused as to whether I have to give 30-days notice that I plan to move.
Why all the discussion about a month-to- month tenancy? it is completely irrelevant to the question.
I say again. When a written lease says it ends on July 31, it ends on July 31 if the tenant so desires it...no further notice is required by the tenant if he chooses to move out by that date.
My last lease read in part: "You have a period of 30 days from receipt of this offer to accept <the renewal.> If this agreement is not returned within 30 days, we will assume that you are vacating your apartment at the expiration of your Lease and the apartment will be put up for rent."
Thus he is no need for a tenant to have to do any special dancing to allow a written lease to expire.
This is wording from the LEFRAK ORGANIZATION whose lawyers have written a LOT of leases over the years.
For logical completion, the auto-renewal of month to month tenancy is to prevent unscrupulous landlords from fraudulently CLAIMING that tenants did not wish to renew when indeeed they did. There is often considerable financial motivation for underhanded landlords to get rid of tenants, so whereas a TENANT can end a lease on the lease-end date by doing nothing, a landlord might be legally constrained from doing so.
the part i dont understand is the op said its a stabilized apartment. a stabilized tenant has to get a renewal 90 to 150 days prior. 2.After the renewal offer is made, the tenant has 60 days to choose a lease term, sign the lease, and return it to the owner. if its not back in 30 days before the lease expires than its automatically assumed the tenant isnt leaving.
how did none of this take place by your landlord??
as kefir said as long as your out by the end of the lease there is nothing further to do.
Last edited by mathjak107; 03-04-2012 at 05:46 PM..
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. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.
Doing the osmosis thing again, and playing lawyer????
You are making a mistake and interpreting the above quosted text incorrectly.
You are equating "one month" with 30 days, as if it is one and the same.
It is not.
For example, a tenant or LL gives notice on the 15th of month 1. The month requirement is not on the 15th of month 2, but at the end of month 2, the 28th, 29th, 30th or 31st, whichever applies.
If notice is given by the tenant on the 15th (given that rent is due on the 1st), a further full month's rent is due the LL, for month 2.
This is the law in NYS, outside NYC.
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In NYC the notice rquirement for tenant and LL is *literally* 30 days (which is NOT one month).
Example, notice given on the 15th, then 30 days expires on the 15th of the following month.
Rent for the following month will be *prorated* to the 15th.
This is the law in NYC.
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With regard to the Law, it is important to read carefully, and to interpret exactly and precisely. Perfect reading comprehension is required.
This is one reason you hire an attorney. For the average person, ensure that your attorney has better reading comprehension than yourself and NEVER GUESSES as to meaning.
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To any and all, Mathjak is not an attorney, has no legal experience, nor knowledge; though, in the past, he has falsely presented himself as if he is/has.
If I recall, he defends himself by claiming his father is a lawyer.
Caveat Emptor
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Contrary to Mathjak's mistaken interpretation, 'Notice', whether one month or 30 days applies equally to LL AND tenant.
Originally Posted by mathjak107
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. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.
JC YOUR REALLY A KNUCKLEHEAD. THIS IS NOT MY INTERPRETATION , ITS THE WORDING AS IT IS RIGHT OFF THE NYC GUIDELINES SITE . GOT AN ISSUE WITH WHAT THEY WROTE ,TAKE IT UP WITH THEM.
READ IT AND TELL US ALL WHAT IT SAYS. BUT AS USUAL WHEN YOUR WRONG YOU JUST VANISH. JUST LIKE THE LAST DISCUSSION WHERE YOU TOLD SOMEONE ROOMATING THEY WERE SUBLETTING ILLEGALLY AND HAD NO CLUE THEY ARENT THE SAME.
no my info doesnt come from my father , i have no clue where you dream this stuff up.
really , did you notice notice the heading at the top of the tenants rights page is the nys tenants rights not nyc . the nyc guidelines link you to nys. nah you missed that didnt you.
like i said , call the attorney generals office and tell them the tenants rights explanation isnt to your satisfaction.
for the record no where did i say 30 days is one month and i want you to show me where i did.
you have an issue opening your mouth to fast and trying to humiliate others .
like last time when we were discussing the roomate situation you called me an idiot because you said it was clear the women subletting was renting an illegle sublet.
well the only idiot it seems was you because you opened your mouth and started name calling before you knew there is a big difference between a roomate and a sublet.
no apology ever given ,you just vanished as you always do. the right thing to do was apologize but thats not who you are.
Last edited by mathjak107; 03-05-2012 at 05:27 AM..
Prior to this thread, you only backed up your legality by copying and pasting quotes from the Q&A page of some lawyers web site intended to drum up business, which you found by googling.
You'd post this drivel as if it were case law. You also used to post the link to the site, but the lastt time I proved that the site was bogus and not what you presented it as. That the site was NOT a reference to law!
I note you choose to no longer post links to such drivel any longer. So that the dri el can be verified as the crap it is.
I also note that you guess and surmise a bit more than previously.
Most importantly, you for the first time actually quoted real and actual law. Very good.
Now you've got to comprehend that the law needs to be interpreted properly and precisely. Precision and the law, look it up!
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As far as my so called vanishing,
I present truth and fact, that is it.
I call people when they are wrong and/or incorrect. I call people when their reason is flawed.
I call people who simply do NOT know the law.
My facts, reasoning, experience, and knowledge of the law and real estate matters within the city of NY speaks for itself.
I make my point and that is it. I have no need, nor purpose to argue FACT.
You want to enjoy yourself arguing, argue with someone else.
What I state in regard to L&T and real estate matters is FACT and Law. Accept it or you don't.
Once I've given correct information, I'm out. You appear to think this is some sort of Internet game? As if fact and reality can be made by whomerveer screams and shouts the loudest or some such nonsense.
I do not argue with stupidity. I simply highlight it.
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In your specific case, you presented yourself as an attorney, on several previous occaisions. The only proof of your assertions of law were the quotes googled from lawyer web sites. Frustrated, once, you claimed your father to be an attorney, as if by osmosis, that made you one, or gave you some knowledge equal to an attorney. To, me that made you appear as a child.
I called you on all of it.
I stated what was correct and factual, as I have done in this thread.
What more is there to say, except to argue idioacy?
My sister and i put in our 30 days on the 1st. We found a great deal at a different apartment complex so we asked our current apartment manager if she would be willing to prorate for this up and coming weekend. She denied our request and now we just want to move. What are some of the consequences of doing this. Also, our rent is due from the 1st to the 5th, would it make a difference if we are out before the fifth??
Thanks, Cali girl.
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