How much notice does a landlord have to give a tenant to move out in ny

If you’re planning on moving out, your landlord is one of the key people that you must notify. Just how much notice does your landlord need? This is a question everyone faces when deciding to move. Maybe you got a new job, started a new relationship, or just have a desire for a change of scenery. Whatever the reason, you’re getting ready to move out of your home or apartment. Here’s everything you’ll need to know about giving the proper notice to your landlord or property manager.

How much notice do you need to give your landlord when moving out?

Many standard lease agreements require 30 days notice if you are planning on moving out, regardless of whether your lease term is ending or not. Other lease agreements may even require 60 days notice. When notified that a tenant is moving out, the landlord begins the process of filling the vacant unit and making any necessary repairs prior to the new residents moving in. To determine how much notice you need to provide before moving out, the first thing to review is your lease.

Reviewing your lease

Your lease agreement is your source of truth when it comes to moving out and landlord notifications. The answers to most of your moving questions will lie in the pages of the contract you and your landlord signed together when you first took occupation of your unit. Review your lease in full to determine what notice you are obligated to provide to your landlord.

Some leases have an expiration date upon which you must either move out or renew your lease in full. If you’re not moving out and actually prefer to stay in your unit, you’ll want to read up on how to renew your lease. 

Other leases automatically move you to a month-to-month lease at the end of your current lease term. If your lease has an expiration date, it likely states that you must take action when it ends, rather than wait for it to convert on its own.

There are typically two options for renewal if you do not plan to sign another 12 month lease:

1. Month-to-month

If your lease states that it becomes month-to-month when your current lease term expires, you’ll need to treat it as though you’re still required to pay the next month’s rent. Keep in mind that you could end up paying a higher monthly rent when your lease becomes month-to-month. Your landlord or property manager will likely send you a list of renewal options at least 90 days before the end of your lease. With these renewal options, the month-to-month rent price will be stated.

Generally, if you choose to continue your lease month-to-month, you will have to give your landlord at least 30 days’ written notice before your desired move-out date. For example, let’s say you pay rent on the 1st of every month. You’ve found a new place and you’re all set to move in on May 1st. This means you must give notice that you’re moving out to your landlord by April 1st at the latest to be able to move out on May 1st without having to pay for another month of rent in your old place. Plan ahead and you won’t be stuck paying double rent.

2. Automatic renewal

If your lease automatically renews, it’s called a fixed-term lease. Make sure that you give your landlord at least 30 days written notice that you will be leaving (unless your lease states you must give more notice). For example, if your lease is up on August 1st, your letter should be dated and delivered to your landlord no later than July 1st.

If your lease automatically renews, but you didn’t know you were in a fixed-term lease, check your state laws. Your state laws will tell you what kind of clause needs to be in your lease for it to legally be automatically renewed. Next, check your lease to make sure the clause is present and correct. If it’s not, you’re in the clear! However, if you are in a fixed-term lease and still need to break it, make sure you follow the necessary steps to avoid any legal repercussions.

How to write and give a 30 day notice

You must give written notice that you’re moving out to your landlord to stay in the clear legally. Don’t rely on verbal notice to get the job done. Use this guide for writing your notice to vacate:

1. Determine your move out date

   This is the first step in writing your 30 day notice. You must know exactly when you’re leaving, as you won’t have access to your unit past the move-out date you give your landlord. Once you’ve identified your exact move out date, you can plan, write, and send your letter accordingly.

2. Draft your letter

   Be sure to include your name, the name of your building, and your unit number along with the date of your notice and the date you plan to vacate the unit. Take advantage of written notice templates to make sure you include all required information.

3. Send your notice to your landlord

   Some leases will state that you must hand-deliver your lease termination letter to your landlord, while others may want it sent through certified mail, and others may accept a simple email as notice. Check your lease and state laws to find out the proper procedure for you. If in doubt, contact your landlord directly to make sure you’ve provided your move-out notice in the proper format.

4. Follow up with any questions

   Once you’ve submitted your notice to vacate, follow up with your landlord or property manager to ask any questions related to your move-out, including details about receiving your security deposit refund and any requirements for move-out cleaning.

What happens if you don’t give notice?

If you fail to give proper notice of moving out to your landlord, you may have to pay rent for another month or for the length of your lease if it automatically renewed. However, if you find yourself in a situation where you need to move out immediately, there’s always the option of subletting your apartment if your landlord and/or lease allow for it. Most landlords just want to know that someone will be paying the rent, so subletting to another renter might be a good option if you haven’t given notice in time but don’t want to be on the hook for the rent. 

To summarize, most landlords will require 60-30 days notice if you plan to move out of your rental. Check your lease and state laws to ensure the proper length of time in which you’ll need to notify your landlord about your intent to vacate. Generally, this is time required, but your area and lease could have different laws/requirements. Be in the know and always make sure you’re in the clear before moving out.

FAQ: Providing notice when moving out of your rental

What is the best way to give my landlord notice that I am moving out?

The best way to give notice to your landlord that you will not be renewing your lease is in writing. This creates a paper trail of sorts and can serve as proof that you have met the requirements outlined in your lease to provide notice to vacate. Written notice can be provided either through email or with a formal letter sent in the mail to your landlord or property manager.

How can I find out how much notice I am required to provide when moving out?

The best thing to do if you are unsure of how much notice to provide is to reference your lease document. The lease will detail how much notice is required to provide when moving out of your current unit. If you have any questions or if this matter is unclear in your lease, you should reach out directly to your landlord or property manager for clarity.

What should I do if my landlord does not respond to my notice?

If you have not heard back within one week of submitting your notice to vacate you should follow-up with your landlord or property manager as soon as possible. It’s possible that your notice could have gotten lost in the shuffle and you’ll want to verify that your notice has been received to avoid any penalties.

Is it possible to give more than 30 or 60 days notice?

Absolutely. If you know that you will not be resigning your lease you can let your landlord or property manager know at any time, as long as you are providing them with the required amount of notice as detailed in your lease.

Once you’ve given notice, you’re ready to search thousands of apartments on Zumper to find your perfect match.

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