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Re: early termination of lease

Posted by BB on February 27, 2002 at 15:27:35:

In Reply to: early termination of lease posted by Keith on February 26, 2002 at 17:25:16:

I think you were overcharged in your security deposit. I think that they are only allowed to hold 1 month, not 3 (check the links I have added for in depth info.). Also, make sure you have your deposit receipt or other back up documentation - make copies.
I'm not a lawyer, I can only say what I would do if I was you... I would definitely not hand over additional money in March or April, therefore eating up 2 months security. But the first thing I would do is call Mgmt. and find out how much is the anticipated "cost of advertising and painting". Do an internet or phone search and find out if the fee is reasonable. If Mgmt. uses Brokers, find out how/if the brokership handles/charges clients for advertising. Find out cost of painting.
Once you find out your info. mail a letter (use cert. of mailing) to Mgmt. informing them that pursuant to your 60 day notice dated 02/?/02, you are informing them that they are to apply $3700.00 of your original security deposit (overcharge) to cover the rental payments for 3/02 & 4/02. Inform them that upon, you relinqishing your apt. you expect to receiveyour security deposit back minus advertising and painting. You may also want to include in your letter the actual DHCR code regarding the overcharge if it applies to you.
If you don't think your LL will comply then maybe you should look into starting a rent overcharge claim. Even if you don't go through with it, it may put you in a better bargaining position with them.
-make sure you take pictures of the condition of your apt. on the day you are leaving. Try to include the cover of the day's newspaper ie Daily News, so that you can prove date and they can't charge you for things you didn't do.

To aid you in your research you may also want to search the old Tenant Net Forum archives on breaking a lease and security deposit return.
Hope I have been of help, Best of Luck!

New York State Division of Housing and Community Renewal, Office of Rent
Administration Fact Sheet #9 - Security Deposit

Archives: break lease

: Rent Stabilized apartment- My lease runs through 8/31/02 and I would like to terminate as of 4/30/02. If I terminate early I have been told I will need to pay the advertising fees & painting costs. The landlord is holding 3 months security deposit (I am hearing that this might not be legal). I don't want to leave the apartment with the landlord owing me $5,550. I am giving 60 days notice. Can I apply two months of my security deposit to my last two months of rent?

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