My roommate wants to move out of state (NYC), he give me the 30 notice on November 11? What to do?
For the notice, what is the validity of the notice? Is the notice must be from the 1st to the 30th of the month or any date?
What the Law regarding the deposit?
What rent must be paid for January, the whole month, or 11 days?
1 attorney answer
Dear Manhattan Tenant:
How much money are you fighting over? Do you believe teaching "law" to the Roommate will resolve the issue?
You and the Roommate made your own "contract" outside the legal framework. In NYC a month to month tenant is not required to give notice--but must move out--without ANY apportionment of rent before the next rent due date. Security is returned within 14 days after moving out.
You and the Roommate made a nine month lease or rental agreement. So your "rules" control. He may have given thirty days notice, but did not end the tenancy on the last day of the month, and that is a typical method to end a tenancy that requires advance notice. On January 1, 2020, the Roommate will owe rent for the entire month. He is not entitled to any portion back. He is not entitled to force you to consume the security deposit to cover the last month rent. He is not entitled to a pro-rate refund for January rent.
I have forty three years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.