Can a Landlord Charge You After You Move Out?

Question:

After my lease ended, I paid for an extra month. I just found a new flat and told my landlord that I'thousand moving at the cease of the month. He says that I need to pay side by side month's rent because I didn't give him enough time to find a new tenant. Practice I have to pay?

Answer:

In New York Metropolis, if your lease ends and you lot remain in place and continue paying rent, you're considered a month-to-month tenant. This gives you the advantage of being able to motility out when you want, simply there are a couple of things you demand to know.

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As a month-to-month tenant, the terms of your original lease still apply (like if your landlord doesn't let pets), but yous're non legally required to give a certain notice that you lot are moving out, says Steven Kirkpatrick, a partner at the law firm Romer Debbas. (Even so, the decent affair to do is to give your landlord a head's upwardly.)

You don't have to pay rent for the calendar month after yous leave, fifty-fifty if yous didn't tell your landlord in advance that you were moving out. Kirkpatrick says he'south never seen a court rule that a tenant must pay their landlord for not giving enough notice. "It's a practical manner and nigh landlords are proactive about renewing leases before information technology would become to this signal," he says.

Nigh leases include a provision about how much notice yous accept to requite your landlord if yous aren't going to renew your lease, which is usually thirty to lx days, says Scott Harris, a banker at Brown Harris Stevens. And if your lease doesn't include this provision, it's standard to give 30-days notice.

To avert this issue, be certain to cheque out your lease for how much notice yous're required to requite regarding renewal. If you are staying beyond the term of your charter, you are considered a holdover tenant and some leases may have specific weather condition well-nigh this.

Your landlord might be asking for next calendar month'due south rent because they don't know the rules, Harris says, not out of malice, then you can explain what your rights are.

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[Editor'south Note: Realty Bites  tackles your NYC rental questions. Have a query for our experts? Drop united states an email . We respect all requests for anonymity.]

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You should also know that this is not grounds for a landlord to go along your security eolith. The Housing Stability and Tenant Protection Human activity, passed in 2019, requires your landlord to reimburse your security eolith within two weeks, and requite an itemized list of any deductions, which are only supposed to be for repairs to the apartment.

At that place is one state of affairs where you might be on the hook: If you don't give your landlord access to your flat so they can prove information technology to prospective tenants. Even if yous merits that you lot're uncomfortable with strangers in your apartment due to Covid, information technology could be considered causing damage, Kirkpatrick says. In this situation, you lot might cease upward having to pay something.

So, while y'all shouldn't accept to pay hire for the calendar month afterwards you move out, you should give your landlord as much observe as possible, allow them bear witness the apartment while you're still there, and make sure you move out on time.

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Source: https://www.brickunderground.com/rent/realty-bites-landlord-charging-rent-moving-out-leases-rent-laws-nyc

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