Security Deposit/30-Days Notice

[Cart]

I am moving out May 31st. Suddenly found out about and took an unexpected opening in another building. The term of the lease with current LL was from Dec. 1999 to Dec. 2000 -- nothing has been signed since then, rent has been raised twice, they've been taking my checks.

I sent the LL certified notice, which they received on May 12th, stating that they can use the security deposit in lieu of last month's rent. I am aware that this is a no-no, but am certain I will have to take LL to small claims court for part or all of the deposit, despite the fact that my apartment is in excellent condition. I have had to withhold rent several times during the last four years to get repairs, all ultimately repaid. I also had to get repairs to the building door and my own entry door and deduct them from the rent. All documented, with certified letters and photos. The repairs they wouldn't do totaled around $400.

On the 14th I received this written note from them:

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As per your lease agreement, you may not use security deposit to pay any rent, and you must give us 30 days notice to vacate and allow us to show the space during that period.

We are entitled to inspect the apartment on the day you leave and then refund the security, if there's no damage besides ordinary wear and tear.

Please contact us by phone ASAP, since time is an issue.

Any divergence from the terms of your lease may adversely effect your credit rating.
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Two-and-a-half questions:

1. Does a tenant in New York City have to give 30-day notice in a month-to-month situation?

2. I plan to document apartment condition when I transfer keys on the 31st with a friend as witness, and video and/or still pix. Given that I am unwilling to pay last month's rent, is there anything else I can/should do in this situation to protect myself?

2.5 How will the LL "adversely effect (sic)" my credit rating and what can I do about it if anything?

I am currently waiting to hear from a tenant lawyer (if he doesn't get back to me soon, I'll be looking for recommendations).

thanks for any info

[mjr203]

A tenant is technically not supposed to use their security deposit as last month's rent.

I am not sure what the penalty for that is though.

It is certainly done a lot of the time.

I certainly hope the "threat" on your credit rating is empty -- if LLs could do that in situations like this, it would cause a lot of problems.

If you left and owed them no rent and apt was in as received condition then you owe nothing so they should not be able to do jack to your credit rating.

If you have no lease you are a month to month tenant and I believe do NOT have to give notice, though I'm sure meagain might disagree. But if you look at the statutes, NOWHERE does it say anything about MTM tenants having to give notice. Aye that's the rub for the rent raising LLs who keep MTM tenants on board (IMO)

-POINTER

[too trusting]

I had a guy inspect my apt. before I was packed and moved and he ok'd it so I could use my deposit for my last months rent. It was immaculate and they were so thrilled that they didn't have to do anything to it before they rerented it. Maybe you could have someone look at your apt now so you can try to do the same thing.

[mjr203]

Originally posted by GaryChios:
You cannot use your security deposit as last months rent. It wont hold in court. A LL can make a negative rating on your credit score and your housing report. Is this really worth it to you? Just pay the last month, then pick up your Security deposit after that.

and if this is true, make sure you leave the apt very clean, photographically or video document all parts of the apartment, and be prepared to take them to small claims court IMMEDIATELY if they try to pull any sheistyness with your SEC DEP. Technically I think they have 30 days to return it post-turnover of keys. Any communication you have with them of importance should be in writing, registered, return receipt.

-POINTER

[HardKnocks]

If you already have another place and so don't have to worry about the current LL's reference (the only reason most of us are afraid to break a lease), then I say GO... and use your security as your last month's rent.

I just broke my lease with 8 months left on it, and my landlord didn't say squat when I left. I gave them notice, used my security as last month, and moved. Even though they're notoriously difficult, they didn't say one word to me. They simply put in a new fridge and stove, jacked up the rent, and were happy as the proverbial clam to see the back of me. Even though I was a good tenant and always paid on time, they knew they could get more $$$. Bottom line.

If you don't even have a lease, you're under no obligation to abide by the terms of one, IMHO.

[Chimera]

When a lease expires and converts to a month-to-month tenancy, I believe you are still bound to the terms of the original lease. As meagain stated, if the lease says you need to give 30 days notice after you've converted to a m-t-m, then you will be held to that. That also means that if you use your security deposit for your last month's rent, and you give less than a month's notice, you -can- get sued, and get a negative mark on your credit report, for the remainder of that month's rent, as well as any damages you may have caused.

<small>[ May 16, 2003, 11:16 PM: Message edited by: Chimera ]</small>