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  1. #1
    Join Date
    Jan 2005
    Posts
    6

    Default 30 Day Notice

    I live in San Jose, CA and I turned in my 30 day notice to the landlord on 2/15/2005. I plan on moving out with all my possessions exactly by 2/27/2005. Am I still legally bound to pay a portion of rent because my 30 day notice extends to 3/5/2005, which is when rent is due, even though I am going to be off the premises before that time?

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default 30 days notice

    Your thirty day's notice is exactly that. If your landlord agrees to shorten it, that's fine, but (absent a local law or lease provision to the contrary) moving out early doesn't shorten the notice period or relieve you of the duty to pay rent.

  3. #3
    Join Date
    Jan 2005
    Posts
    6

    Default 30day notice

    Does the Landlord have to pro-rate my cost?

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Moving Out of Apartment

    Your cost of what?

  5. #5
    Join Date
    Mar 2005
    Location
    New York City - Manhattan
    Posts
    1

    Default Similiar question

    I have a similiar question about thirty days notice because in my sublease contract with my roommate (actual tenant of the apartment) it says we must give eachother notice to leave 30 days in advance via postage or email. I spoke to her and sent the email to her on 3/17/2005. However, she is trying to keep my total security deposit because my vacate date is 4/5/2005 despite the fact that I have said I would pay rent until 4/17/2005. She is also trying to imply that month's notice is actually a month from the end of the month but the exact wording of our agreement said "a month's notice". My question is, if the month's notice goes into another month like mine does and this last person's did, is the rent pro-rated to that date which can be deducted from the security deposit or does it round up a month to keep the full amount?

    A. Outridge

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Similiar question

    Quote Quoting Alisx123
    I have a similiar question about thirty days notice because in my sublease contract with my roommate (actual tenant of the apartment) it says we must give eachother notice to leave 30 days in advance via postage or email. I spoke to her and sent the email to her on 3/17/2005. However, she is trying to keep my total security deposit because my vacate date is 4/5/2005 despite the fact that I have said I would pay rent until 4/17/2005.
    That's obviously improper. If you pay all rents due, the date upon which you actually move is entirely irrelevant to any claim she may have against your security deposit.

    Quote Quoting Alisx123
    She is also trying to imply that month's notice is actually a month from the end of the month but the exact wording of our agreement said "a month's notice".
    I believe that the law will vary depending upon whether you are inside New York City or outside of New York City - I am assuming based upon the geographic info you posted that you are inside NYC. While it appears that in most of the state, a month-to-month tenant must give a full rental period's notice in order to move (that is, if rent is due on June 1, notice must be provided before the end of April to be effective on that date), but I believe that NYC does not require a month-to-month tenant to give notice of an intention to move.

    Quote Quoting Alisx123
    My question is, if the month's notice goes into another month like mine does and this last person's did, is the rent pro-rated to that date which can be deducted from the security deposit or does it round up a month to keep the full amount?
    The security deposit could ordinarily be applied only to rents owed.

    You may be able to get specific legal information by contacting your local office of the Division of Housing and Urban Renewal, which would presumably be either:
    Quote Quoting DHUR Addresses
    Upper Manhattan Borough Rent Office
    (North Side of 110th St. and above)
    Adam Clayton Powell, Jr. Office Building
    163 West 125th St, 5th Floor
    New York, New York 10027
    Phone: 212-961-8930

    or

    Lower Manhattan Borough Rent Office
    (South Side of 110th St. and below)
    25 Beaver Street, 5th Floor
    New York, New York 10004
    Phone: 212-480-6238

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