I don't have a lease what can my landlord do? (tenant, gated) - Rochester area - New York (NY) - City-Data Forum

Csmith2100 · 01-26-2016, 06:01 AM

I've lived with my landlord for 3yrs. She allowed us to pay our rent half in the beginning and half at the end. Since we've lived with her we have never sign a lease. The beginning of January we told her we would be out verbally. We had our stuff out and things moved by the 24th of this month. Also throughout the three years she's never given us a receipt for any of our payments. When we told her we were moving she said she was going to give us our security deposit (there's minimal damage go the apt just a little damage from moving like a couple scratches on the floor and I spackled any hole in the wall. Now she's saying we're going to be responsible for February rent if nobody is in there by February. And wants full rent for this month even though we weren't there for the full month. And keeps harassing us though text message. What can I do?

UncleBenny · 01-26-2016, 06:41 AM

Just being honest here, 3 weeks is not enough notice for her to find a new tenant in most cases so I don't blame her at all for keeping the deposit for February, and since you were there basically all of January you owe that too. I'd just pay up and move on.

JWRocks · 01-26-2016, 07:13 AM

To move out at the end of January you should have given notice BEFORE Jan 1. This is the law weather you have a lease or not. You are obligated to pay February rent.

South-bound Musician · 01-28-2016, 11:39 AM

To pay for the whole month of February is ridiculous. But you should at least owe up to a month from the time the notice was given. So if you gave notice beginning of January you should owe till the beginning of February.

reenzz · 01-28-2016, 04:36 PM

Quote:

Originally Posted by South-bound Musician

To pay for the whole month of February is ridiculous. But you should at least owe up to a month from the time the notice was given. So if you gave notice beginning of January you should owe till the beginning of February.

While it may seem "ridiculous", the law in NY state is very clear. If the tenant occupies the premises for a single day in February, the tenant owes for the entire month.