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leaving apt, found a new tenant, security deposit & last month's rent

Posted by Denise M on August 25, 1999 at 23:34:40:

After buying a house, I'm leaving the apt I've rented for 3.5 years (I initially
paid first month's rent and 1 month security). I mentioned to my LL months
before I started looking for houses that I may be leaving in the next 6 months
to a year. At that time my LL asked (verbally) for me to give her 2 months
notice. I gave verbal notice on Aug 15, so we agreed that I would pay rent up
to Oct 15. I am actually vacating the apt on Aug 31. A friend of mine has
decided he would like to rent the apt starting Sept 15. Here are my questions...

1. Did my landlord have a legal right to request 2 months notice? In my lease
it states that it was a month-to-month lease. Does our verbal agreement
count as anything?

2. Even considering the first question, since a new tenant is going to be
renting the apt starting Sept 15, will I even be responsible for paying
rent from Sept 15 to Oct 15?

3. If that's the case, and I am only responsible for Sept 1 to Sept 15, should
I just let the LL take the $ out of my security deposit (one month's rent)?
As it is, I don't really trust my LL anymore -- after reading up on NYS law,
I realized she never deposited my security into a trust, and I haven't seen
a penny of the interest.

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