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Posted by Fred Lappert on November 18, 1997 at 07:52:26:

In Reply to: vacating mid month posted by jennifer on November 03, 1997 at 16:11:49:

: I live in Troy, NY and I have lived in this apartment for a year. When
: my lease came up for renewal, on Oct. 1, I told my landlady that I would
: most likely be moving out in December, so she told me she would ammend my
: lease to provide for a 30 day notice if I need to move due to a new job.
: She sent the new lease at the end of Oct. and I looked it over, and the
: ammendment was not in the lease. When I took the Nov. rent, I also took
: the lease, unsigned, and I told her that I did now know for sure that I
: would be moving before Dec. 15th. I plan to give her the notice in writing
: as well, but my problem is that she wants the entire Dec. rent. I don't
: feel this is right and I was wondering if anyone knows how I can find out
: more about my rights. I don't have a lease, not even a month to month
: lease, and I have given her oral notice more than 30 days in advance, and
: I will give her written notice as well. It seems to me she could get
: double rent for 1/2 month, and I'm the one who is cheated. Any advice
: would be appreciated.

Anyone without a lease is a month-to-month tenant. Give her 30 days notice
on 11/15, pay for two weeks on 12/1 and move out on 12/15. If you have
security and you think she might withhold it, then I would recoup it by
not paying 12/1. It's illegal for them to change the locks or lock up
your belongings -- although I would be careful as many landlords think
they can break the law. Personally I would change the lock for the remaining
time so only you have the key. Unless other things are going on, I wouldn't
cheat them out of rent for the time you're there, but I would be careful.
It's not as if you haven't given them notice on this.

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Comments:
: : I live in Troy, NY and I have lived in this apartment for a year.  When 
: : my lease came up for renewal, on Oct. 1, I told my landlady that I would 
: : most likely be moving out in December, so she told me she would ammend my
: : lease to provide for a 30 day notice if I need to move due to a new job.  
: : She sent the new lease at the end of Oct. and I looked it over, and the 
: : ammendment was not in the lease.  When I took the Nov. rent, I also took 
: : the lease, unsigned, and I told her that I did now know for sure that I 
: : would be moving before Dec. 15th.  I plan to give her the notice in writing
: : as well, but my problem is that she wants the entire Dec. rent.  I don't 
: : feel this is right and I was wondering if anyone knows how I can find out
: : more about my rights.  I don't have a lease, not even a month to month 
: : lease, and I have given her oral notice more than 30 days in advance, and 
: : I will give her written notice as well.  It seems to me she could get 
: : double rent for 1/2 month, and I'm the one who is cheated.  Any advice 
: : would be appreciated.

: Anyone without a lease is a month-to-month tenant. Give her 30 days notice
: on 11/15, pay for two weeks on 12/1 and move out on 12/15. If you have
: security and you think she might withhold it, then I would recoup it by
: not paying 12/1. It's illegal for them to change the locks or lock up
: your belongings -- although I would be careful as many landlords think
: they can break the law. Personally I would change the lock for the remaining
: time so only you have the key. Unless other things are going on, I wouldn't
: cheat them out of rent for the time you're there, but I would be careful.
: It's not as if you haven't given them notice on this.



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