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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.

Follow Ups:

• Re: leaving apt, found a new tenant, security deposit & last month's rent Mark Smith 8/26/99 (0)

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Comments:
: 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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