My tenant just gave me verbal notice 3 days ago that they will be out by the 5th of September. Due that I was not given at least 30 days notice am I able to keep the security for the month of septembers rent? I need to know what rights I have as a nys landlord, it is all new to me.

Hope this helps:


§ 232-b. Notification to terminate monthly tenancy or tenancy from
Month to month outside the city of New York. A monthly tenancy or
Tenancy from month to month of any lands or buildings located outside of
The city of New York may be terminated by the landlord or the tenant
Upon his notifying the other at least one month before the expiration of
The term of his election to terminate; provided, however, that no
Notification shall be necessary to terminate a tenancy for a definite
Term.

Hope this helps:


§ 232-b. Notification to terminate monthly tenancy or tenancy from
month to month outside the city of New York. A monthly tenancy or
tenancy from month to month of any lands or buildings located outside of
the city of New York may be terminated by the landlord or the tenant
upon his notifying the other at least one month before the expiration of
the term of his election to terminate; provided, however, that no
notification shall be necessary to terminate a tenancy for a definite
term.



I believe the question was whether the landlord can use the security deposit to pay the last month's rent, not the legal notification of intent to leave.

The answer in NYS is yes.

BUT if there are damages it is smarter to sue in Small Claims Court for unpaid rent and use the security to repair the damages - don't confuse the two issues (rent and security).