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Posted by Mark Smith on August 09, 1999 at 08:53:04:

In Reply to: Didn't sign the lease yet. Moved in, moved out. posted by Joy on August 09, 1999 at 05:32:06:

Where do you live? In New York, you have an absolute right to have immediate family and one roommate live with you [Real Property Law §235-f]. Of course, you should not have moved in without having a lease signed by you and the landlord. However, if this was to be a month-to-month tenancy, landlords frequently don't give written leases.

I think your landlady has it backwards. You should be entitled to all but two days of the rent back. Any damages should be taken out of the security deposit. You might have to sue her in small claims court if she won't return your money.

: I have never rented an apartment before. I moved into an apartment yesterday.
: I gave the landlord a security deposit equal to a month's rent and rent pro-rated
: to what I should owe for the remainder of the month yesterday also. I moved all
: of my things in, had a few friends stay over, but did not cause any kind of
: disturbance. The landlord, an older woman, obviously did not approve of people of
: the opposite sex staying at my new home. She confronted me today and told me that
: I could have no "sleep-overs" and especially no "boys" spending the night. I
: am 22 years old for goodness sake. She gave me the choice to live by these rules
: or move out. I was not aware of these rules before I gave her any money. I never
: saw a lease. I moved all of my things out today. The apartment is in the same
: condition as when I moved in. She told me that if I moved back out I would
: get my deposit back, but I would get rent back depending on how the apartment
: looked. I told her I would pay for the two full days that I moved in and out.
: Do I legally get this portion of my rent back? I will be talking to her
: tomorrow. If she is not willing to give me this portion of my rent back, is this
: legal? And finally,what can I do if she will not give me the money I am entitled
: to back?

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Comments:
: Where do you live?  In New York, you have an absolute right to have immediate family and one roommate live with you [Real Property Law §235-f].  Of course, you should not have moved in without having a lease signed by you and the landlord.  However, if this was to be a month-to-month tenancy, landlords frequently don't give written leases.  

: I think your landlady has it backwards.  You should be entitled to all but two days of the rent back.  Any damages should be taken out of the security deposit.  You might have to sue her in small claims court if she won't return your money.

: 
: : I have never rented an apartment before.  I moved into an apartment yesterday. 
: : I gave the landlord a security deposit equal to a month's rent and rent pro-rated
: : to what I should owe for the remainder of the month yesterday also.  I moved all 
: : of my things in, had a few friends stay over, but did not cause any kind of 
: : disturbance.  The landlord, an older woman, obviously did not approve of people of
: : the opposite sex staying at my new home.  She confronted me today and told me that
: : I could have no "sleep-overs" and especially no "boys" spending the night.  I 
: : am 22 years old for goodness sake. She gave me the choice to live by these rules
: : or move out.  I was not aware of these rules before I gave her any money.  I never 
: : saw a lease.  I moved all of my things out today.  The apartment is in the same
: : condition as when I moved in.  She told me that if I moved back out I would 
: : get my deposit back, but I would get rent back depending on how the apartment
: : looked.  I told her I would pay for the two full days that I moved in and out.
: : Do I legally get this portion of my rent back?  I will be talking to her 
: : tomorrow.  If she is not willing to give me this portion of my rent back, is this 
: : legal?  And finally,what can I do if she will not give me the money I am entitled
: : to back?


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