If I need to leave my apartment within 22 days, does he have a right to take my security deposit because I didn’t give 30 days notice?

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If I need to leave my apartment within 22 days, does he have a right to take my security deposit because I didn’t give 30 days notice?

I have not had a lease for the past 17 months. I have lived in the apartment for 2 years and 5 months.

Asked on April 12, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Without a written lease, you are a month to month tenant. A month to month tenant is required to provide 30 days notice terminating tenancy. If you only provide 22 days notice (and presumably pay for  those 22 days), you will be short by 8 days--the landlord should be able to retain a portion of your security deposit equivalent to 8 days' rent (or more, if you did not pay for the 22 days you were staying).


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