Moving Out After Lease Expires

[vunet]

My lease just ended last month December 31, 2010 but I was not able to
move out on time. I gave 60 days notice of my intention to vacate
apartment. So my landlord (Sunnyside, Queens, NY) never sent me a new
lease. I also discussed my overstay and I even have a recording of my
conversation with the property manager (PM) where he allows me to stay
for extra 7 days and gave me prorated amount to pay. But every time I
start talking about how this will influence my security deposit, PM
gets really out of control and starts screaming, yelling and harassing
emotionally. As a result I asked him if he can provide a letter where
it states that I pay for overstay and I'm still entitled for SD. But
PM says he's not giving anything to me and a few times hung up on me.
I'm OK paying but I don't trust this guy and I suspect his plan is to
get me into deemed lease or find something wrong with my apartment to
deduct from SD. The new prorated amount is based on the increased
monthly fee which I'd pay if I signed a new lease.

But let me explain why we are moving out. Last year as soon as we
moved in we experienced a floor vibration from the water pump under
our apartment. We complained but nothing was changed. We invited DEP
(Department of Environmental Protection) a few times to measure the
vibration but they could not because vibration always slowed down when
they were coming.

Secondly, there is a laundry room under our apartment and we
discovered that our child always had a cough and sneezing when we are
at home but it suddenly stopped when we were out for vacation until we
were back.

On top of this, the whole last month (Dec 2010) our living room
radiator wasn't working. It could be working for half an hour with
loud banging noises (I was able to wake up in the night from another
room) and then radiator always stopped and generated no heat. It never
worked until you hit it slightly and then banging begins and it stops
working again. Super tried fixing it but it never worked. He wanted to
spend more time fixing it but when he knew we are moving out he never
got back to us though we were still under lease.

The big question in this story is do I pay them or not? Should I tell
them to deduct these 7 days from my SD or should I just pay and hope
they will not find any reason to keep full SD?

Any advise what to do is valuable. Thank you!!!

[TenantNet]

The bigger question is of you are rent stabilized or not. You don't say and this isn't posted in the RS section, but you mention deemed lease, which is only for RS units.

[vunet]

I am not rent stabilized tenant. I just learned it today by contacting DHCR but there are units in my building which are RS.

I called them twice and someone said I should pay prorated fee (because in court my LL can request full month), then demand SD.

Second rep told me you can do either way: pay or not pay and then LL may deduct this amount from SD. But first rep told me it's illegal to leave on SD.

I am confused.

The bigger question is of you are rent stabilized or not. You don't say and this isn't posted in the RS section, but you mention deemed lease, which is only for RS units.

[TenantNet]

If you're not RS, then you would be month-to-month after the lease expired. Deemed leases are only for RS units (although it would behoove you to research your unit to discover how it was decontrolled ... perhaps illegally as most are).

If you're M2M, then you would owe for one month unless the LL gives it to you in writing for a lower number of days. Yes, if the LL OKs it orally, then you can probably get by with a prorated amount.

As for the deposit, the same caveats apply as they would to any tenant. Take many photos, have a witness to any walk-through (and ask the LL for a walk-through). That way both parties can agree in writing to any legitimate damages. (don't let him charge you for wear and tear)

He might give you the run-around. Some tenants withhold the last month expecting LL games with the deposit. While deposits are supposed to be about damages, in the end (and in the real world), they can be used to cover unpaid rent and any other charges claimed by the LL. Of course tenants can contest any deductions from the deposit.

I'm surprised DHCR actually said that you could deduct it. I've never seen a statutory law prohibiting the practice, but most leases do. It would be a lease dispute, not like you would be breaking a law on the books.

[vunet]

So I understand I may pay pro-rated fee as LL wants and hope he won't deduct any damages and I will receive the full SD. If he will return partial or no SD, I can collect the evidence (photos, proofs of conversation, etc.) and go to the court.

I just want to know if this is a more winner situation then let him deduct pro-rated fee or full month from my SD if I do not pay at all.

Any suggestions to the above?

Many thanks.

[TenantNet]

We don't really say what you can or can't do, but rather look at the issues and potential strategies. The LL might disagree with our assessment and neither view is black-letter law. On SD disputes you can go to the AG's office or small claims court (get your evidence before you move out).

But unless the LL puts it on paper, he would likely seek a full month from you (as is normal for M2M terms). So you need to look at various alternatives and do a cost analysis.

[vunet]

So let me summarize.

I have a phone conversation recording (not in writing) that LL asks to pay pro-rated fee for 7 days. If I pay, I am risking to lose full SD.

If I do not pay for 7 days, I am risking to lose SD - 7 days fee, which is less.

Now if LL is good, he could deduct the fee from SD and return me the balance. If he is bad, he would come up with some excuses to deduct tear and wear and possibly return nothing.

Hm...
1. Can he bring me to court and demand more money if I do not pay?
2. Can he ruin my credit history if I do not pay?
3. Is it worth contacting GA for help if I do not pay and he's not returning SD?

Thanks for advice one more time.

...unless the LL puts it on paper, he would likely seek a full month from you (as is normal for M2M terms). So you need to look at various alternatives and do a cost analysis.

[TenantNet]

You're trying to put words into our mouth and lock us into a position. Don't.

The LL can withhold the SD no matter what you do.

But since he says OK to a pro-rated rent, then it might be a bit harder (but not impossible) for him to later claim you owe the entire month. If it lands in court, a phone conversation might not be allowed as evidence for any number of reasons. Courts are not like TV.