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  1. #1

    Default Giving 30 Days Notice

    I live in NY. My downstairs neighbors have been told because of my respitory problems and the fact that a newborn lives here not to smoke cigarettes or weed in the house because the smoke/smell does come upstairs. Over the last week alone there has been at least 3 different times when the smell (of both cigarettes and weed) has come in to my apartment. I have spoken to the landlord numerous times but it's her boyfriend and son that live downstairs so I'm pretty sure my complaints are being ignored.

    My question is under these circumstance can we move without giving 30 days notice and still be legally entitled to our security deposit? They have never denied that the tenants downstairs smoke cigarettes or weed but is there any way to document this so that when we move if they try to keep our security we can prove why we had to leave? Also I don't want to get caught up in anything illegal going on downstairs.

  2. #2
    panther10758 Guest

    Default Re: Giving 30 days notice.

    You have no grounds to leave without notice in fact you may have no grounds to leave period. Are you on a lease? If so when does lease expire? If no lease you give the 30 day notice

  3. #3

    Default Re: Giving 30 Days Notice

    No lease, month to month. How can there be no grounds? There is illegal stuff happening in this house and someone esle's habits are causing me health problems!

  4. #4
    panther10758 Guest

    Default Re: Giving 30 Days Notice

    You could argue that but its coin toss if you win and if you lose you could owe quite a bit. If your on month to month just give 30 day notice and leave.

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