Do month-to-month tenants owe full rent if occupying part of a month?

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 New York, tenants with a month-to-month lease are responsible for paying the full rent each month, even if they occupy the apartment for only part of that month. A tenant must provide the landlord with a month's written notice before moving out to avoid being liable for the next month's rent. If the lease does not permit early termination, the tenant may be held accountable for the remainder of the monthly rent unless they can demonstrate a breach of the lease 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.