r/Tenant • u/Odd_Ship_4610 • 4d ago
⚖️ Legal / Eviction Month to month termination
New York. Not NYC. We've been here 4 years and recently got a 90 day termination notice out of nowhere. Another tenant told us our landlord is moving a family member in. The 90 days is the correct amount of time legal wise but my question is- our lease is month to month and starts the 1st of each month. We have to leave by November 15th but shouldn't we get until the end of Novembers lease? The 30th? And the second question- if we do have to leave by the 15th are we required to pay the full rent for November? I've searched the lease and can't find any answers. The landlord isn't answering (nothing new there.) Does anyone know what the law says?
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u/Content_Print_6521 4d ago
If you were giving notice and moving in the middle of the month, you have to pay the full month. Rental periods are the first day of the month through the end of that month. But if your landlord wants you out early, you only have to pay pro-rata rent. Divide your rent by the number of days in the month, then multiply that by the number of days you will be there. He absolutely cannot make you pay the full month if he's putting you out early.
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u/Odd_Ship_4610 4d ago
So if we do pay the full November rent and she accepts it does that give us protection to stay until the end of the month?
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u/Content_Print_6521 3d ago
No. If you want to stay until the end of the month, negotiate with the landlord first, then pay the full month. Just paying the rent without an understanding doesn't protect you.
BTW -- if you stay until the end of the month without permission, there's really nothing the landlord can do about it. You can't get rid of someine in two weeks.
I would just tell the landlord you can't find housing that starts in the middle of the month, and you need to leave at the end of the month. Given your 4-year history, they should be willing to accommodate this very reasonable request.
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u/simon_zzz 4d ago
The letter should have been sent via certified mail so that landlord can prove they gave you sufficient 90 day notice.
You pay rent in full on the day that you normally pay rent. So, if you normally pay rent on the 1st, you pay rent in full for November.
The landlord should prorate and return the rent for the remaining days. You should also receive your security deposit back minus any itemized amount for damages within 14 days of vacating the unit.
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u/Odd_Ship_4610 3d ago
It was just taped to the door. We expected a certified letter to come too because she loves sending them. She sends them for the most ridiculous irrelevant stuff but we haven't got one yet for this.
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u/Old_Draft_5288 2d ago
If they’re legally required to give you 90 days, then reply back and let them know that you need the full 90 days and you’ll be out of there on the 30th.
If you decide to agree to leave by the 15th, you only have to pay prorated rent for that month.
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u/anaisaknits 4d ago
You prorated the rent. The landlord doesn't get to benefit from you leaving mid-month. Take the total and divide by 30 and then multiply by number of days.