If a tenant moved without notice before their lease ended but left the keys and paid rent, did they legally abandon the property?

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If a tenant moved without notice before their lease ended but left the keys and paid rent, did they legally abandon the property?

Can I rent it again now?

Asked on May 3, 2019 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Leaving the keys and removing all their belongings would generally be considered sufficient evidence that they terminated the tenancy. BUT they still are a tenant for the period for which they paid rent. So, say that they rent month to month, paid May rent, then moved and left the keys May 3rd. Even though the evidence is that they are not returning and terminated the tenancy, since they paid for May, they are still a tenant until the end of May--the get what they paid for. The property may be re-rented, in this example, June 1st.


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