Entitled to part of sec. deposit without 30 days' notice? (agreement, tenant, security deposit)

[angelaclare]

I rented a room under a verbal month-to-month agreement (no written agreement) from the owner of a house. I paid rent on the 1st of each month.

I gave verbal notice to the owner on April 11 that I would be moving out by April 30. I had already paid rent on April 1 to cover up until April 30.

I moved out prior to April 30 and left the room clean and with no damages.

As I did not give a full 30 days' notice, am I entitled to the return of part of my security deposit? (i.e. should the landlord deduct 11 days of rent and return the rest to me?) Or is he entitled to keep the whole deposit?

This occurred in Kings County, New York.

Thank you in advance for your replies.

[NoMoreSnowForMe]

No you're not. And your landlord could probably even charge you rent until May 11th.

In New York, landlords are not required to mitigate damages. This means, they don't have to try and find a tenant right away when you breach your agreement.

No duty to mitigate damages for residential landlords in NYC | Real Estate Weekly

If your landlord moved someone in before May 11th, though, he probably would not be allowed to collect rent from both of you for the same time period.

And as far as how much rent he should deduct, I'm not sure where you are getting 11 days. You said you gave notice on the 11th, but when did you actually vacate?

Either way, you owe rent for every day you were still there, and every day until May 11th or until the day someone else moved in, in my opinion.

Some states also require notice to be given prior to the first of a month, too, and if New York is one of those states, you'd be on the hook for all of May, too.

So, if all he did was keep your April rent, you got a good deal, in my opinion.

[bentlebee]

In Florida you will be ok as month to month verbal agreements only require 15 day notices.

Check if that is the same is where you are as the common wording is 30 day notice but that is not always the case and if not than you owe one more month rent.

[AZ Manager]

In New York State the notice is one month except in NYC where it is 30 days. You would be responsible for the full month of May unless you are in NYC which would hold you responsible for the full 30 calendar days beginning with the day after notice was given. That's per your states landlord tenant handbook located at the top of this forum in a sticky.