Does a Month to Month Tenant Owe Rent for the Full Month if They Move Out Early?

Full question:

If a tenant occupies an apartment for part of a month, do they owe for the whole month if they have a month to month lease?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: New York

Answer:

In NY, a month-to-month tenant owes the full rent each month unless the landlord agrees to early termination and acceptance of prorated rent. A tenant must give the landlord a month's written notice before moving out in order not to be lable for the next month's rent. If the lease terms don't allow for early termination, the tenant may be held liable for the remainder of the monthly lease, unless the tenant can prove a breach of the lease terms by the landlord.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can move out halfway through the month if you have a month-to-month lease. However, you must provide your landlord with a written notice at least one month in advance. If you fail to do so, you may still be responsible for the full rent for that month.