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I signed a very simple sublease agreement with another roommate in my apartment, which was only for June 1st to August 31st. We never renewed it, but I've been paying every single month anyway. The only statement about terminating the lease was "If you want to vacate the apartment early, you will give me at least 1 full month's notice." It doesn't state from the first of the month or mention "full rental period."
My question is, if I give notice on the 14th of February, can I move out on the 15th of March?
Second question— would I only be required to pay two weeks rent of March/landlord is required to prorate?
Also would like to note that I am not on the official lease with the landlord of the building, only with another girl who lives in the unit.
That clause only applied to early termination, "If you want to vacate the apartment early." You are within city/state law territory now that you are beyond the original term so you can ignore that part of the lease, other parts still apply.
NY has seperate laws for within NYC and the state as a whole so make sure you are looking at the right stuff for where you actually live. State law says one full term so your notice needs to be given before your rental due date and runs until the day before rent is due again. If you are actually in NYC then 30 days notice prior to then end of the term is required, basically the same thing but putting a firm 30 days on it. Mid term vacating doesn't appear to be an option either way.
Quote:
NYC Requirement
No monthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over his term unless at least thirty days before the expiration of the term the landlord or his agent serve upon the tenant, in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law, a notice in writing to the effect that the landlord elects to terminate the tenancy and that unless the tenant removes from such premises on the day on which his term expires the landlord will commence summary proceedings under the statute to remove such tenant therefrom.
N.Y. RPL §§ 232-a
Quote:
State Requirement
A monthly tenancy or tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the landlord or the tenant upon his notifying the other at least one month before the expiration of the term of his election to terminate; provided, however, that no notification shall be necessary to terminate a tenancy for a definite term.
Since it's just with another roommate, I'd ask and see what they say. That may be enough time for them to find a new roommate to take your place by the middle of March.
That clause only applied to early termination, "If you want to vacate the apartment early." You are within city/state law territory now that you are beyond the original term so you can ignore that part of the lease, other parts still apply...
Which means in most states, month to month and 30 days is typically the norm assuming you pay rent monthly.
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