I decided to move because of my crazy neighbor repeatedly threatening me and my unborn child?

Question

The landlord has basically done nothing to put a stop to it other than suggeting we all have a meeting, (yeah like want to talk it out with an apparently unstable person after she threaten to kill me) I have had to get the cops involved a few times becuase she was banging on my door and ringing my bell like a lunatic screaming she's gonna put bullets in my door and kick my *** and kill my baby (i'm almost 4 mos. preg mind you) ... I've told the landlord that I am looking to move becuase I do not feel safe there for my baby. She said that she will give me my security back if i give her 30 days notice... I may have found and apt for the 1st and still want my security... the apt i'm in now is in the same condition i moved in and there is no damage. Does she have a right to keep my security if i am out before 30 days and there is no damage to the apt? i live in New York have lived there for a year and do not have a lease.

Answer 1

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-b)

From the language in the law, yes, she could retain your security deposit. Of course, nothing in the law says that you must remain in residence at the property. It only indicates that you must give 30 days notice prior to termination of your rental agreement.