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Notice to Vacate

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Notice to Vacate

Postby mshyman32 » Wed Sep 02, 2015 4:49 pm

Hello,

I recently vacated my apartment. It was a one year fixed term lease. I gave notice that I would not be renewing. I gave notice via voicemail, yes I know, in hindsight it should have been in writing.

My landlord is now trying to keep my deposit because he feels no notice was given. The apartment is unregulated, if that matters. There is no provision in my lease requiring notice.

As I said I gave notice. But being that I have no proof, is there a law in NYC proper that requires tenants to give notice on fixed term leases?

Thank you.
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Re: Notice to Vacate

Postby TenantNet » Wed Sep 02, 2015 5:53 pm

In our view, you didn't have to give any notice at all. The lease expired. That was it. If there was a lease provision, or some provision talking about the unit becoming month-to-month after expiration, that might change things.

If you left by the end of the lease and if there were no damages, you should be able to get your deposit back. You did take photos of the unit's condition, and you did have a final walk-through with the LL, didn't you?

Just FYI, in NYC for month-to-month tenants, tenants are not required to give any notice, but LL's are required to give 30 days' notice.
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Re: Notice to Vacate

Postby mshyman32 » Wed Sep 02, 2015 6:04 pm

I did take pictures but the LL did not make himself available to do a walk through.

His office has printed my check for the full amount. I was told there are no damages and therefore there are no deductions. He is not allowing them to mail me my deposit because he asserts he did not have enough notice.
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Re: Notice to Vacate

Postby TenantNet » Wed Sep 02, 2015 6:09 pm

Ask him what law requires notice be given?

Bottom line, there is none. And the lease doesn't require it. When the lease is over, that's it, there's no notice required.
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Re: Notice to Vacate

Postby mshyman32 » Wed Sep 02, 2015 6:39 pm

Thanks you. I will do so. Unfortunately he's looking for compensation for the apartment being unoccupied.
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Re: Notice to Vacate

Postby TenantNet » Wed Sep 02, 2015 7:59 pm

If you had left midway through the lease, you would arguably be obligated to pay rent for the remainder of the term even if you were not actually in occupancy. But here, the lease has ended and you are no longer in the unit. It's his fault the place is unoccupied.

BTW, there is normally a period of time between leases for cleaning, painting, etc. No revenue comes in at that point. But the former tenant is not obligated to pay anything. This is normal for almost all landlords.
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