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Posted by Tom on January 20, 2002 at 22:30:48:

In Reply to: Re: security deposit posted by MAtt on January 20, 2002 at 18:59:28:

Matt,

Thanks for the response. Before my lease expired I sent a letter turning down the lease renewal for another year. I wanted to stay two more months and they agreed to extend the lease for two month (with a 2% increase) but I didn't get to sign it. However, I did pay the rent for the two months and moved out on the 1st. Can I argue that since there is no wrtitten agreement between the landlord and me for these two months and that I have been paying rent, showing good faith, they have no right to take the deposit? The landlord could argue that since I did not move out on the original expiration date I violated the lease agreement. My counter arguement is that they kept sending me bills and accepted my payment after the original lease expired, which constitutes an implicit agreement to let us stay. What do you think of my chance in the small claim court (in New Rochelle, Westchester county, New York)? Any suggestions on strategies and resources?

Thanks a lot.

Tom

: : My landlord agreed to extend my lease for 2 months but I did not sign the documents. I did not think it was necessary because I was paying the rent on time and the leasing agent never told me the consequence otherwise. I did notify the leasing agent by phone two weeks before I moved out and was told everything is OK. However, the landlord is now withholding my deposit based on the claim that I did not provide a written notice about my moving-out date, although they concede that there is a memo from the leasing agent about my moving date, and that I moved out on the first of the month instead of the previous day. They did not send me a notice to explain this and I had to call to find out.

: : Do I have a chance in the small claim court? Or should I try to settle with them?

: : Thanks,

: : Tom

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Comments:
: Matt, 

: Thanks for the response. Before my lease expired I sent a letter turning down the lease renewal for another year. I wanted to stay two more months and they agreed to extend the lease for two month (with a 2% increase) but I didn't get to sign it. However, I did pay the rent for the two months and moved out on the 1st. Can I argue that since there is no wrtitten agreement between the landlord and me for these two months and that I have been paying rent, showing good faith, they have no right to take the deposit? The landlord could argue that since I did not move out on the original expiration date I violated the lease agreement. My counter arguement is that they kept sending me bills and accepted my payment after the original lease expired, which constitutes an implicit agreement to let us stay. What do you think of my chance in the small claim court (in New Rochelle, Westchester county, New York)? Any suggestions on strategies and resources? 

: Thanks a lot. 

: Tom 

: 
: : : My landlord agreed to extend my lease for 2 months but I did not sign the documents. I did not think it was necessary because I was paying the rent on time and the leasing agent never told me the consequence otherwise. I did notify the leasing agent by phone two weeks before I moved out and was told everything is OK. However, the landlord is now withholding my deposit based on the claim that I did not provide a written notice about my moving-out date, although they concede that there is a memo from the leasing agent about my moving date, and that I moved out on the first of the month instead of the previous day. They did not send me a notice to explain this and I had to call to find out. 

: : : Do I have a chance in the small claim court? Or should I try to settle with them?

: : : Thanks,

: : : Tom


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