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Do I Have to My Roommate 30 Days Notice

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  • 08-08-2012, 11:29 AM
    Glaceau
    Do I Have to My Roommate 30 Days Notice
    My question involves landlord-tenant law in the State of: New York

    Ok, first things first is I have been at this current address for over a year and a half and in between that time Ive had various people move in and out. I signed a lease with the landlord but no one else that has moved in or out is on that lease. right now i have a problem roommate and some damages have occurred to the house, and some unsavory things are going on that can put me and my little boy in danger.

    my over all question is do i have to give them a 30 day notice to move out. i want to make it as short as possible so they have less time to damage the property or do anything else
  • 08-08-2012, 12:25 PM
    Mr. Knowitall
    Re: Do I Have to Give 30 Days Notice
    If you are in the middle of a lease term, you can move out without consequence when your lease term ends. You need to read your lease for any provisions about automatic renewal, as you may be required to give notice prior to the end of the lease term.

    If you are a month-to-month tenant, you have to give proper notice of your intent to move - the details can vary by locality, but assuming you're not in NYC or in any other jurisdiction that modifies the general state rule you would giving not less than one month's notice, with notice to be given prior to the start of the rental period. So if rent is due on the first of the month, to move at the end of September you would give notice by September 1. In NYC, thirty days notice is required.

    There is nothing inherent in "unsavory things" that would justify breaking a lease, nor is it your landlord's fault if you made a poor choice of roommate. If you and the roommate are independently renting rooms from the same landlord, that could change, but you would need to share facts.
  • 08-08-2012, 12:37 PM
    Glaceau
    Re: Do I Have to Give 30 Days Notice
    ok im not moving, the extra roommates were brought in just to help pay for the place but the land lord knows to an extent of everything thats happened and he doesnt know what i should do.

    and as far as the lease it doesnt have anything in it about eviction or anything

    since i am the original person on the lease and the rent is one lump sum split depending on the number of people living here. i know its not my landlords fault but in order for me to get the person out of here do i have to give them 30 days notice for them to leave? and if there are more damages to the property i have to take this person to court to get all of it paid for?

    also the "unsavory" actions are illegal (if that matters) and creates an unhealthy environment for my child
  • 08-08-2012, 12:42 PM
    Mr. Knowitall
    Re: Do I Have to Give 30 Days Notice
    If you are talking about your own subtenants, they're bound to whatever agreement you entered with them. You haven't shared any relevant details.

    If they're your month-to-month tenants you use the same notice previously described and, if they don't move, you commence an eviction action.
  • 08-08-2012, 12:58 PM
    Glaceau
    Re: Do I Have to Give 30 Days Notice
    ok ya they are "subtenants" and it was ok'ed by the landlord for others to be in here with me

    as far as extra details their are not too many, they know its my place and they agreed that they just stay here and pay the portion of rent agreed on before they moved in.

    so since they are month to month i guess i do have to give them the 30days based on NYS law.

    Thanks for the info Mr. Knowitall
    (now all i have to do is worry about the past damages and future ones to come)
  • 08-09-2012, 10:54 AM
    Foster_Foster
    Re: Do I Have to Give 30 Days Notice
    These roommates are YOUR tenants (to your landlord, he might consider them subtenants, but it sounds like your landlord is a dolt in general if he didn't know what you ought to do).

    You're free to go after whomever for damages, however, I'd like to think you got a security deposit (that said, it may be that you didn't screen these folks very well, and may not have thought of getting one).

    I trust you've googled "New York landlord tenant" and have found the state's booklet on the topic via the state AG's office:

    http://www.ag.ny.gov/
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