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Posted by TenantNet on February 22, 1997 at 11:02:29:

In Reply to: Landlord keeps 50% of deposit for vacating 1 day late? posted by Andrew on February 19, 1997 at 21:41:01:

: My wife and I vacated our apartment on the 1st of February of this
year. We had given the landlord 30 days notice, which she agreed to.
We moved out by 12:00 noon on the 1st. Now she claims that because we
did not vacate on the 31st, she can keep 50% of the deposit. Our 30
day notice letter to the landlord did state that we would be out by the
31st, but my wife called her to tell her it would be the 1st. At that
time there was no mention of keeping half the deposit. If so, we would
have tried harder to leave the day before. If this is indeed in the
lease, does NY allow for any grace period on the 1st of the month? (It
was a Saturday).

As far as we know, there is no law that permits the owner to keep 50%
of the deposit. Technically you were in violation of the agreement, but
as it was Saturday, and the landlord suffered no economic loss (i.e.,
they did not lose out on your rent or they could not re-rent the place
immediately the next day), they should have no claim. You should contact
the attorney general's office or file a small claims court action. You
would claim the withheld portion of the deposit and the owner must show
he/she suffered a loss, i.e., damages.
You have to realize the broader context of this: it's not a matter of
splitting hairs. It's a scam.

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Comments:
: : My wife and I vacated our apartment on the 1st of February of this 
: year.  We had given the landlord 30 days notice, which she agreed to.  
: We moved out by 12:00 noon on the 1st.  Now she claims that because we 
: did not vacate on the 31st, she can keep 50% of the deposit.  Our 30 
: day notice letter to the landlord did state that we would be out by the 
: 31st, but my wife called her to tell her it would be the 1st.  At that 
: time there was no mention of keeping half the deposit.  If so, we would 
: have tried harder to leave the day before.  If this is indeed in the 
: lease, does NY allow for any grace period on the 1st of the month?  (It 
: was a Saturday).

: As far as we know, there is no law that permits the owner to keep 50%
: of the deposit. Technically you were in violation of the agreement, but
: as it was Saturday, and the landlord suffered no economic loss (i.e.,
: they did not lose out on your rent or they could not re-rent the place
: immediately the next day), they should have no claim. You should contact
: the attorney general's office or file a small claims court action. You
: would claim the withheld portion of the deposit and the owner must show
: he/she suffered a loss, i.e., damages.
: You have to realize the broader context of this: it's not a matter of
: splitting hairs. It's a scam.


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