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security deposits & early termination

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security deposits & early termination

Postby keeth31 » Thu May 30, 2002 10:13 am

I gave my landlord 60 days notice that I was terminating my lease at the end of April. Our lease runs to the end of August. According to him he didn't find a new tenant to start until June 1st. When does the 30 day clock start for our security deposit; end April when moved out, end May when he got a new tenant; end August when lease ends?

I understand the 30 day rule is a NYC law. Our lease says he has 60 days. Which duration do we follow?

Thanks for any help.
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Re: security deposits & early termination

Postby consigliere » Thu May 30, 2002 1:15 pm

Does your lease have a provision that lets you terminate the lease with 60-days' notice? Or does it allow you to give 60-days' notice so the landlord can try to find a new tenant, but with you still being liable for unpaid rent.
If it's the latter, the landlord would be able to keep one month of any security deposit, because the landlord didn't receive any rent for May. The landlord could wait until the end of the original lease (August) to refund the balance, if any, of the security deposit, because the new tenant may not pay the rent.
In New York City, a tenant can terminate a month-to-month tenancy without any notice, while the landlord has to give 30-days' written notice, which must be served liked housing court papers.
A tenant's giving no notice or a landlord's giving 30-days' notice doesn't apply to a lease for a fixed term.
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