Slightly Complicated Renter's Rights Question:

Question

I signed a 12 month lease beginning 4/1/07. The lease terminated, but w/out any oral agreement or anything, I continued to send rent checks and continued to live in the apt. a 1br in NYC.

On May 1, 2008, I was admitted to hospital, and stayed through 6/28/08.

On June 14, 2008, landlord was notfied via family member that i would be vacating. I paid full June rent. The landlord was not able to show the apartment b/c she was not able to reach me to ask permission. however, while she tried to contact me at work, and via other ways, she did NOT try my cell phone for some amazing unkown reason.

there were other damages, whcih i'm fine w/the associated deductions. she ended up saying she lost a month b/c she couldn't show the apt and didn't get the keys until 7/2/08. i said she should have her own keys. she's the landlord after all!! i would've given permission to show the place of course.

so, w/no contract, was i liable for that last month's rent? (full july?). she's holding me accountable, even though i left 7/15/08. her argment is that i couldn't be reached to give permission. to me, this is bS, since she didn't even call my cell phone.

she also included medical costs associated w/cleaning lady's injury gotten in my apt after keys returned. is that crazy or what?

Answer 1

Actually, if you read the law, one month's written notice is required, not 30 days.

Also, unless your family member was a party to your lease, notice given by them is not valid.

You were renting on a month to month basis. If notice was given on 6/14, it would not go into effect until the next full rental month - July 1st. You are liable for the rent through July 31st.

Answer 2

I'm not sure her request for rent through July is unreasonable.  You might refer to the link below for NY tenant rights. I looked it over quickly and it doesn't specify what happens in this situation, but there's good info there and maybe you can find something I missed.

You gave notice on June 14, so your expectation is that you gave 30 days and can move out only paying rent until July 15.  

But normally you rent for a full month, and her expectation is probably that she's renting for full months, so whether you gave notice on June 2, June 14, or June 30, you're still renting for July - you just gave notice early.

Being month-to-month and without a lease, you're kind of in an informal  situation.  You agree that she tried to contact you (although you're right that she could have tried your cell).  

It doesn't seem like she's asking for anything outrageous here.  I'm sure money is tight, but I don't think you've got legal grounds here.  Try making her an offer that you think is fair to split the difference.

That being said, I don't see any reason she should charge you for the cleaning lady's injury.  I don't see any way that could be your fault unless you left some kind of booby trap.  

Honestly, if I were in your place, I'd pay everything but the cleaning lady's medical.