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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
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Experience:  JD, MBA
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NYC unregulated residential apartment lease says: "Length

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NYC unregulated residential apartment lease says:
"Length of lease is 1 year, 0 months, 0 days beginning on June 1, 2012 and ending on May 28, 2013."

So...must you pay a full month for May even though you're not allowed to live there for the last 3 days of the month?

Thanks for any advice.
Hello and thank you for allowing me the opportunity to assist you.

No, you would not have to pay for all of May since the lease ends 3 days early. The rent for May should be pro-rated. Obviously the lease is contradictory, but since the landlord, and not you, drafted the lease (please correct me if I'm wrong), then any ambiguity would be construed against the landlord and in favor of you if this were to end up in court. Clearly, it would be unfair to charge you for a full month's rent when the lease ends 3 days early, and when the term for the lease ends 3 days prior to one year, directly contradicting the early statement that is lasts one year. I can't see any way a judge would rule in favor of the landlord.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

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Customer: replied 4 years ago.

Great, thanks for this advice.


Jeff


 

You are quite welcome. Thank you for using our service!