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Marsha411JD
Marsha411JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 19770
Experience:  Licensed Attorney with 29 yrs. exp in Landlord Tenant issues
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I am a month to month renter and I do not have a contract.

Customer Question

Hi
I am a month to month renter and I do not have a contract. I notified my landlord that I was moving on July 19 and that I would let her know when I would be out. I planned on being out on July 31.
She has stated that I must give a 30 day notice by certified return receipt and that I have to pay August rent.
Is she correct?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Marsha411JD replied 1 year ago.
Hello,Need to know what State you rent in in order to assist you.
Customer: replied 1 year ago.
New York
Customer: replied 1 year ago.
New York State
She claims I have to give her a 30 day notice, but I have no contract and I am leaving because she is harassing me.
I believe she is trying to get another months rent.
Expert:  Marsha411JD replied 1 year ago.
Thank you for your reply. NY law requires one month notice prior to terminating a month to month lease. There is nothing in the law that states notice must be by certified mail, but it should be in writing. Failure to give the appropriate notice does make the tenant liable for rent the next month's rent until the owner is able to find a new tenant.
Customer: replied 1 year ago.
I don't understand
Can I move out on July 31 and not be liable for August rent even though it is 10 days short of 30?
Expert:  Marsha411JD replied 1 year ago.
No, as I mentioned, the notice must be 30 days. If not given properly, you owe her rent through the next month unless she can find another tenant. Notice is to be given on the 1st day of the last month someone plans on being in the unit.
Expert:  Marsha411JD replied 1 year ago.
Hello again, I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answer that I provided to you on the 21st. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/ Thank you.

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