This is certainly a matter you could pursue in court given the recorded documentation you have for your correspondences with the landlord. The decision to hire an attorney will be based on what you would like to spend on an attorney vs the amount you are looking to recover. Feel free to contact our offices should you require further consultation.
Dear and landlord refuses to prorate the rent?
That may be due to the practice in New York that does not favor pro-rating rent, as in New York, a month to month tenancy ends on the last day of the rental month.
In New York, whether the tenant lived in the apartment for one day after the start of a rental month, all the rent for the entire month is due in full on that day. So when you paid the rent in full on for the last month, the entire rent amount was due on that day, regardless of when you actually moved out. Until you vacated the apartment the apartment could not be rented. The earliest to expect the landlord to rent an apartment when the move out occurred mid-month would be the first day of next month.
Now there may be ambiguity in your lease with the landlord relating to the advance notice of sixty days to end the tenancy, and the general rule is that if there is an ambiguity the ambiguity is decided against the party that drafted the agreement.
In order to test if you are entitled to a part refund for the rent paid for the last month, since your landlord no longer seems to agree that he consented to pro-rate the rent, you would need to sue the former landlord in Small Claims Court.
Read about the Small Claims Court process here:
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
I think you missed the point. He was saying good luck on your move. From your emails it does not seem he agreed to a pro-rated rate. I doubt small claims court would require that the LL pro-rate the rent. You can request a LL to end your lease on the 22, however a month to month lease goes from the 1st to the last day of the month. If you leave early that is for your account. The 60 day notice is assumed from the first of the month in a month to month lease. In my leases I clarify that point as tenant's have tried the same thing. Sorry, I don't think it will fly.