NYS 30-Days-Notice - Question...

[Pete Fiannaca]

Hey BP -

Looking for some group wisdom... especially from those well-versed on tenant law.

We have a month-to-month tenant who just gave notice, on 2/12, of his intention to leave the home. We collected security and last month during lease signing.

My understanding is that since notice was given mid-month, the tenant is not free of obligation on 3/12, but actually the end of March (as partial months do not count). In this situation, the tenant would pay ALL of February’s rent and be all squared up for march, as it was collected at lease signing.

The tenant’s understanding is that 30 days is 30 days, so his obligation ends on 3/12. Therefore, he insists that his last month is the time between 2/12 and 3/12 and wants his February payment prorated to reflect that.

thoughts?

Best -

Pete