I have been renting on a month to month basis for a year and a half since my lease expired after my first year here and I was never asked to sign a new one. Almost a year after the lease expired the house was sold. Now I am planning to move out. I gave the current landlord 30 days notice and will be moving out the second week of December. I have 2 questions.

1. Am I obligated to pay rent for the full month of December? I gave my notice on November 9 and will be out no later than December 13 (possibly the 6th).

2. Can my landlord show the apartment to prospective renters without my consent prior to my moving out?

Any information provided will be greatly appreciated.

What did your lease say about termination. Even though the lease expired it still remains in force except for the term and rent.

There is a sticky at the top of this forum to state laws. If there is nothing in the lease about notice for termination, then state laws will apply.

The landlord has the right to show the apartment with reasonable notice.

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Originally Posted by ScottGem

What did your lease say about termination. Even though the lease expired it still remains in force except for the term and rent.

There is a sticky at the top of this forum to state laws. If there is nothing in the lease about notice for termination, then state laws will apply.

the landlord has the right to show the apartment with reasonable notice.

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I checked the lease and it says absolutely nothing. It only talks about ending the lease before the term expires (the term expired 16 months ago). I checked the Real Property/landlord-tenant laws listed on this site before I posted and I couldn't find anything there either. I would appreciate any idea you can give me of the sections of the law that might apply.

Found it. TenantNet :: View topic - Month-to-Month Tenants in NY

The relevant section is 232-b. Essentially its saying that notification has to cover one FULL rental period. Since you were not moving out until 12/13, then you are responsible for the full month of December.

The landlord can agree to pro-rate if they can get a tenant in before the end of December.

Quote:

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Originally Posted by ScottGem

Found it. TenantNet :: View topic - Month-to-Month Tenants in NY

The relevant section is 232-b. Essentially its saying that notification has to cover one FULL rental period. Since you were not moving out until 12/13, then you are responsible for the full month of December.

The landlord can agree to pro-rate if they can get a tenant in before the end of December.

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Thanks that is exactly what I needed. I appreciate your time and attention.