Landlord/Tenant question (notice related)

I believe you are responsible for the entire calendar month. The monthly term begins on the first day of each month. Even if you give notice today, you will be required to pay the entire amount of the rent for the month of February. If you wanted to avoid paying rent for the month of February, you should have given notice on or before January 1st.

I figured as much, and the small amount of research I did doesn't refute that.

However, I'm thinking there might be some hope, as I found out that the apartment I was renting was an illegal conversion and is not allowed in the town I live in.

Would it be feasible to argue since the apartment was illegal, the month to month lease I signed is an invalid (and thus void) contract?
That way, I can pay for the only the usage of the apartment for the five days of February that I will be there.

Am I grasping at straws here, or does it look like this argument might have teeth?

By the way, I'm not worried about pissing off the landlord. She is quite rude. Had she treated me with some modicum of respect I would have considered just writing off that month of rent. But she's not. So I didn't.

You're clutching at straws.

The spirit of the agreement is that you get a place to live for a particular length of time. Certainly you enjoyed the benefit of having a roof over your head, regardless of the legality of the place.

Can she go after you? Maybe, maybe not. She may not even try, seeing as the place is an illegal. But if she does, she would probably get some sort of citation for the illegal place and a requirement from the court that she do whatever is needed to get it up to legal snuff (e. g. add a second exit or whatever) but that probably would not be considered by the court to actually void the agreement, which is for notice of vacancy of the premises. I'd say, you paid the consideration and got a benefit from it. Courts hate voiding contracts if they can avoid it, so they would probably allow parts of it and not the entire document.

Oh -- and just practically speaking -- if your new place isn't ready immediately, you might just be glad you have a few extra days to mess around in the old place, or you could take two weekends to move everything instead of one. There are worse things in the world than eating a couple of weeks' worth of rent.

How do you get on with her? Sometimes, just asking nicely works wonders.

She's about my mothers age, so I'm extra respectful with her.
The problem is that I am too nice. It seems she percieves it as weakness or that I have a timid nature.


In any case, you might be mistaken jespah. I spent a few hours researching and even went to Westlaw to see what case law has said about this type of situation, and there are a few points worth noting:

1. Some cases have viewed the lease to rent an apartment as a contract that is based on illegality (the status of the apartment), and thus void.

I'm sure an aspect of this is that as a tenant, I have a right to enjoy the property without the risk of suddenly having to move out because an inspector discovers its illegal condition. This is where I think your original point doesn't really apply, since the main purpose of the contract (uninterrupted housing) is defeated due to the illegal nature of the lease itself. Also, look to the purpose for the 30 days notice: To allow the landlord time to find another tenant. If a tenant shouldn't be there in the first place, there is no use for the 30 days notice.


2. Courts don't take lightly to landlords illegally renting.

A few decisions spend more than a few lines talking about the damage done to the community because of the huge number of illegal basement and attic rentals. Landlords do not do well when they try to defend the illegality of an apartment.

3. Once a tenant finds out that the apartment is illegal, he/she should move out as soon as feasible. Never knowingly pay rent for an illegal apartment.


Interesting stuff. Of course, this varies state to state.

Keep in mind that you may need a reference for future leases.

Burning bridges is never a good idea.

True indeed.
But I consider trying to rip off a tenant for a huge security deposit when you have no legal standing to do so in the first place to possibly be a worse idea. Especially when that tenant has a fairly strong grasp of the law and his rights.

But, if I am reading you correctly, the only reason the landlady would want the security deposit would be if you departed early. Perhaps I am missing something.

Hey, if you want to go to court over this, go for it and I wish you well. You're right, it does vary from state to state. NY would, I think, tend to be more tenant-oriented; out West or down South you might find the courts working more with the landlady.

I had the same problem before I bought my condo. Escrow was going to close on the 11th of the month so I had already hired the movers that week. Well the landlord said I had to pay to the end of the month and finish my lease. She quoted the section in the lease where it was stated.

My lease had many clauses, one claiming they make sure the place is quiet after 10:00 PM and I had many times complained to the landlord about all the noise and partying late at night. So I wrote her a nice long letter about that clause in her lease. Needless to say she didn't ask me to pay for the entire month and gave me back my full deposit.