I currently live in an apartment outside of New York City, in , NY. So here are the details. I have a month to month lease with my landlord. It began Dec 1st, 2006 and was for 1 year. Now I know that seems strange but that is how she wanted to work it. I gave her a security of 2 months rent and moved in. On Jan 3rd, 2008 she called me and said our new pet had gotten loose. I came home and remedied the situation. She wanted him gone and then said her mother didn't like us (our family) and wanted us out. Basically that she might be harassing us with notices on the door, rent raising notices, etc. Well after the trauma of getting rid of our pet my husband and I decided we wanted to leave. I posted a notice on her door on Jan 5th, 2008. I waited 10 days thinking it was odd that she hadn't contacted me or shown the apartment. I left her a message on her cellphone and that night spoke with her. She is now saying she never received the notice and would not honor that as our 30 notice to terminate tenancy. This was on Jan 15th, 2008. Now she is saying I will be responsible for paying another months rent unless she gets another tenant. I have begun posting the ad since I see she has not. I have been leaving her messages asking her to work this out with me. She will not communicate with me now. We never even got the revised copy of the lease from her since we moved in. I haven't signed anything new. I am at a loss. Can someone tell me can she hold my security? What can I do? What is the best way to go?

Thank you:) :)

Since you are a month to month renter the LL can give you a 30 day notice that your rent is going up or that you must move out. When you decided to leave it is your obligation to have proof notice was given. Posting a note on her door doesn't work for reasons you just saw for yourself. Direct face to face notice could also be denied if she wanted to be unethical. A certified letter would be your safest method of notice, signed receipt too.

She told you she wanted you out and that's why you are moving. As far as I would be concerned, the clock started then.

But since there is little in writing, if you move owing rent, she can withhold the security. So you may have to sue her for it.

When you move, schedule a walk through with her to hand over the keys. Make a note of any repairs or lack of and make sure she signs it.