Absentee Landlord- Moving Out How-To

[jsmith2]

Hi all,
I've lived in the same apt for more than 3 years and, in all that time, have only spoken to my landlord a total of 3 times or so. He lives in another borough, far from my building location, and only comes by if someone calls him for repairs or emergencies. I have been month-to-month for more than 2 years and without any issues.

Now I am looking to move out of this apt, and I know that NYC law requires 30-day notice, so I sent a certified letter with this month's rent check stating that I will be moving out at the end of the month. I also called and left him a couple phone messages, but it always goes straight to voicemail. It is now nearing the end of the month and I have yet to hear any response from him. I noticed that he hasn't cashed this month's rent check, but I'm starting to worry about my security deposit.

I feel that I've done everything right as a good tenant, and I honestly don't know what's going on on his end. For now, my plan is to mail him my keys on the 31st since I have nobody else to give them to. I am told it would be a good idea to take photos of the apt before I leave too.

I am also starting to think that if he hasn't cashed my May rent check by June 1, that I should cancel the check outright and keep it since he still has my security deposit. Does that seem like a smart choice? My biggest concern right now is that he will never get back to me, just rent the apt out and keep my security deposit. I don't want to cause any legal problems, but I really feel that I've done everything right here. Any advice?

Thanks in advance!

[TenantNet]

First, there's no 30-day notice requirement for month-to-month tenants within NYC. See the Forum Reference section. But as you did, that's not a problem.

What I would be worried about is the keys. Does he have an office? You want to get a receipt for the keys, or a witness that you returned possession. Certified mail might be sufficient, but better proof is better. Otherwise he could claim you are still in possession and still owe rent.

Some tenants withhold the last month's rent if they suspect a problem getting security deposit back (absent legitimate damages). But since you've paid, you'll have to wait until you move out. You can then go to Small Claims Court or the AG's office. I would request a walk-through for both sides to document damages. Take MANY photos and have a witness.