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Posted by TenantNet on July 19, 1996 at 14:01:46:

In Reply to: NYS Law : 30 days notice to move out? posted by Chris Harris on July 19, 1996 at 10:20:07:

: Our landlord kept a portion of our security deposit equal to 1 month's
: rent (the deposit was for 2 months), because we didn't notify him
: 30 days before the day that we moved out (we gave 17 day's notice).
: There was no mention of this possible penalty in our lease. In fact,
: the lease was mainly a receipt for the deposit and instructions on
: how to get our power turned on (no boilerplate language, fine print, or
: anything).
: His claim is that NYS law requires tenants to give 30 day's notice or
: forfeit one month's rent. Has anyone else encountered this situation? I
: looked through the Landlord & Tenant Law section on this server and
: could not find such a requirement.

Since you are in Albany, chances are you are not rent regulated (there are
some up there). Generally a lease obligates the tenant for the aggregate
rent for the entire lease term. So if you move out before the end of the
lease theoretically the owner could make a claim for the rest of the rent
to the end of the lease, but many jurisdictions also require him to
mitigate his damages (i.e., try to re-rent the place). But it appears your
issue is different. I am not aware of any law that absolutely requires
30 days notice (although I could be mistaken). If it did exist, it might
be either in the Multiple Dwelling Law (online), Real Property Law (online)
or Multiple Residence Law (not online). The MRL applies to smaller cities,
but even so, it's unlikely to be in either the MDL or MRL. You might wish to
ask the owner what law he's referring to (and we can check it out) and if
he can't come up with an answer you should make a complaint (either with
the Attorney General's office or Small Claims Court).

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Comments:
: : Our landlord kept a portion of our security deposit equal to 1 month's
: : rent (the deposit was for 2 months), because we didn't notify him 
: : 30 days before the day that we moved out (we gave 17 day's notice).
: : There was no mention of this possible penalty in our lease. In fact, 
: : the lease was mainly a receipt for the deposit and instructions on
: : how to get our power turned on (no boilerplate language, fine print, or
: : anything).
: : His claim is that NYS law requires tenants to give 30 day's notice or 
: : forfeit one month's rent. Has anyone else encountered this situation? I
: : looked through the Landlord & Tenant Law section on this server and 
: : could not find such a requirement. 

: Since you are in Albany, chances are you are not rent regulated (there are
: some up there). Generally a lease obligates the tenant for the aggregate
: rent for the entire lease term. So if you move out before the end of the
: lease theoretically the owner could make a claim for the rest of the rent
: to the end of the lease, but many jurisdictions also require him to
: mitigate his damages (i.e., try to re-rent the place). But it appears your
: issue is different. I am not aware of any law that absolutely requires
: 30 days notice (although I could be mistaken). If it did exist, it might
: be either in the Multiple Dwelling Law (online), Real Property Law (online)
: or Multiple Residence Law (not online). The MRL applies to smaller cities, 
: but even so, it's unlikely to be in either the MDL or MRL. You might wish to
: ask the owner what law he's referring to (and we can check it out) and if
: he can't come up with an answer you should make a complaint (either with
: the Attorney General's office or Small Claims Court).


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