Can I get back rent paid in advance if I’m forced out early?

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Can I get back rent paid in advance if I’m forced out early?

I moved in with a friend who owns a house. He’s in the airforce and got transferred out of state. Instead of selling he decided to rent it out. We agreed I would stay for a year and pay rent. Other tenants moved in to help out. They seemed like decent people, so I paid my rent in advance. Problems with the other tenants are forcing me out sooner than expected. We had a verbal agreement, we didn’t sign anything. Can I get back the rent I paid for the months I won’t be living here?

Asked on May 14, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there was no written lease, you were a month to month tenant on an oral lease. A month to month tenant may terminate his or her tenancy on 30 days notice. A tenant is not responsible for rent under an oral lease for after his or her tenancy is over and he or she is no longer living there. So you  should be able to provide 30 days notice (do so in writing, some way that you can prove delivery) and would not be responsible for rent past that point--which means that it should be returned to you.  If your friend the landlord does not return it, you should be able to sue him for the money.


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