[JeffClair1979]

Hi,

As a month to month renter in Rochester, NY (outside the city) with no lease, I gave notice on June 3 that I would be moving out on July 1.

My landlord proceeded to tell me that I would be responsible for the ENTIRE month of July's rent, even though my 30 day notice would take me to the 3rd. Based on the law outside the city, can I pay her a prorated amount for July 1-3, or do I have to pay the entire month?

Also, If I am required to pay the entire month, am I allowed to remain on the property until the end of the month that I have paid in full for, or can they take the money for July and prevent me from accessing my room.

If anyone could answer, and also cite where I can show proof of the answers anywhere, I would be most grateful!

Thank you in advance for your help!

[LILL]

Your landlord is correct.

Here is the statute:

§ 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.

If they require you to pay for July, then can legally stay for the month of July.

[ScottGem]

Just to clarify. If you were a month to month tenant based on a calendar month, then you are required to give 30 days notice prior to the end of a month. Since you did not give notice prior to 6/1 you can be held responsible for July.

So tell the landlord that your plans changed and you are giving notice now that you will be out by the end of July.