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New York - Apartment complex refuses to prorate last month's rent

Watertown, NY |

The apartment complex wasn't open on Monday so that we couldn't put in our 30 day notice. I'm not in the area and my husband works the hours that the office is open so he wasn't able to go in until today to put in his thirty day notice even though he doesn't plan to move out until May 13th. The apartment stated that because that's 13 days past the termination of the lease they have automatically enrolled us in a month-to-month lease (we knew that this would happen as it stated that in the lease contract that we signed a year ago) but then they said that because he's not moving out the last day of the month they're going to still charge us for the entire month. We are on military orders to go to the next base so is there anyway to get the rent prorated???

Attorney Answers 2

  1. Dear Military Family:

    New York does not provide a statute that mandates that a landlord pro rate rent.

    You may inquire from the JAG at the current base if there is a federal law that overrides your lease and the law of month to month tenancies in New York.

    The big problem is that you are not moving out until May 13 and in New York, the entire rent for the full month is due to the landlord on the rent due date, without any apportionment.

    What is at risk if you do not pay for May? Will the landlord chase you for that one month?

    You have to evaluate that on your own.

    Thank you for your service and Best of Luck.

    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.

  2. Rent is normally not pro-rated unless a tenant becomes a holdover after termination of a lease and the Landlord requests fair value for the tenant's use and occupancy after termination.

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