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  1. #1

    Default What Constitutes a 30 Day Notice

    My question involves a roommate in the State of: NY

    Hello.

    My former roommate and I are in a disagreement. I provided her 30 days notice on the 12th of the month with the expectation that I would pro-rate them for the remaining days the following month equal to the 30 days required. However, now they want to charge me for the entire month. I was not on the lease, but we had a written agreement that reads as follows:

    "If either party wishes to terminate this agreement, both parties agree to at least a 30-day notice. If the lease is terminated before the above date by the Roommate, and/or without 30-day notice, the Roommate agrees to pay rent until another roommate is found."

    They insist that I needed to give them notice on the 1st of the month and I stipulate that there is nothing in the agreement that states that notice must be absolutely given on the 1st of the month prior to moving out.

    I need your help. Thanks!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: What Constitutes As 30 Day Notice

    Thirty day notices are typically presented 30 days prior to the start of the next rental period - so if your rent is due on the first of the month, you're expected to present your notice 30 days prior to that.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What Constitutes a 30 Day Notice

    well, it seems there are different laws inside NY city and outside NY city.

    outside NY city, 1 MONTH notice is required. That means you would notify sometime before the 1st of the month you wish to be your last month.

    In this situation, there would be no pro-rationing of the rent.

    Inside NY city, it appears 30 days is 30 days regardless when in the month it takes place.

    In this situation, there could be pro-rating of the rent if the 30 day period does not coincide with a calender month.

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