this is OT even for OT, but hey...
I'm renting an apartment in the area I don't like much, so I decided to move.
a year of my lease ended on July 1st, at which point my lease became monthly.
today I payed a deposit for another apt and I'm moving in on Sept. 1st. I let my current landlord know about it.
now, the lease says that I need to give here a month notice. 31 or 27 days doesn't matter much
but now she says I may be liable for the whole september in case she
can't find a tenant.

the lease specifically says: "month to month lease" and "1 month prior notice".
I'm guessing she might be right and I'm screwed, but just in case
someone here knows something about it I decided to post this here.
besides I needed to vent

thanks

So offer to pay for the additional 4 days. Give her the excuse that you need that time to get everything out of the apartment. That way, you gave her a 1 month notice, and she has nothing to cry about.

yah, that's what I told her, but she says this is not a hotel and she leases it monthly (see lease terms) and noty daily...

Did you move in on the 1st? If not she prorated then and she should now, unless it is writen in the lease that you must move out at the end of the month. Read your lease carefully. If you have any questions there should be some sort of tenants board or something to that nature in your state.

Yeah, I agree with kelly's advice here. Find a board or if you have a friend in the legal profession have them look at the lease...you have to remember, this is how the aprtments complexes make the big money. If I am understanding correctly though your lease requires a 1 month notice, which you say you have given, so the only way that you could be charged for 1 month would be if you have not given 1 months notice. The lease should specifically state 30 days, or in some cases 60 days. If it states "1 month" then I can imagine that if push came to shove you would win any dispute over the days in the various months chnge... The lease disputes are usually fairly easy to overcome, I messed up in the past and had to deal with a few of them. And if I have understood nothing of your post, and this makes no sense, forgive me please and pay no mind to my rambling.

Edit: Ok, I read your post again, so yeah, if you gave the notice on the 4th that you would be out on the first of Sept, yes it would be totally legal for her to charge you for the month of Sept. (not to mention it wouldn't be very nice, but this is how they make their money)

Tenancy at will laws can vary greatly state to state. Any landlord that is worried about not being able to get a tenant in 27 days time is full of ****e!!!! Every time my brother has an open house to rent one of his units he gets dozens of people. I bet if she wanted to kick you out, giving you 27 days notice would be okay

I gave my apartment complex 60 days notice (stupid lease). Anyway, we needed another six days, so we told them, "Hey, we need another six days". PRORATED!!!

I don't know the laws where you are, but she can't charge you for something you don't use. And unless your lease states specifically that you have to move out on a certain date w/ 30 days notice....I would look into it further.

Does it say 30 days notice or one month notice?

Brian

I agree with Mushu as well. One month's notice is on August 4th so you have until September 4th to move out (and pay for). Think about if you were buying a house instead of moving into another apartment. It isn't often that you are able to set up a closing date of the first of any month.

each party shall have the right to terminate the Lease by giving at least one month's prior written notice to the other party

the rental business around NYC has softened remarkably over the last year. she's obviously afraid of not having a tenant, which I understand. I still don't like the fact that she intends to use my money for something I don't need anymore.

I posted a message on NJ legal forum, but so far no dice...

thanks for all replies so far and keep them coming.

It said a month of notice, not "one full calander month" which is how I think she's trying to interpret it...

Brian