I didn't return my apt keys - LL to charge me prorated rent

[NYCGUY]

I lived in a rent stabilized studio apt for 7 yrs and was a very good tenant (i.e. never late with rent, no noise complaints). My lease ended on 5/31/12. I felt that I had a good relationship with the Management. I notified them months ahead of time that I would not be renewing the lease and told them when I actually vacated the apt in person and by email.

Return of Keys
They inquired twice about when I would return the keys. Once on ~5/30/12 and once on 6/4/12. I said that I would deliver my keys by end of business on 6/5/12. Instead I mailed the keys to the management on 6/5 because I could not leave my work early enough. I got a call the next morning from management saying I would be charged every day pro-rated rent until they received my keys. I returned keys the next morning. I know they have additional keys to my apt, so there was no real harm.

Question: Can the management charge me for the rent until I return the keys if I never had any real notice of that penalty? They claim that this penalty was in my lease but I reviewed it and did not see it. If they had ever told me I would have promptly delivered the keys!

[TenantNet]

It's possible. I've seen cases where the LL claims rent from tenants who moved out months ago. Usually the management and super make up these stories, but tenants can do themselves harm by not returning keys, just dropping them in the mail, or worse, trust the super.

The best way is certified mail RRR, or hand deliver and get a receipt. The issue isn't if they have additional keys (there's an argument that tenants should change the locks, but hold on to the old cylinder), but it's the transfer of possession. LLs can claim the tenant still has/had possession up until the time that the keys are given back. LLs can claim they are unable to re-rent the place or make repairs/improvements until they have possession.

In your case you are probably lucky they aren't claiming the entire month.

Of course, LL's will try to take any claim out of the deposit, which is another reason why tenants might consider using the deposit for the last months rent. Although leases usually claim they can't do this, it's quite common for LLs to invent damages.

Ask them to show you where in the lease the notice is. You might be able to negotiate it down (or away) if it hasn't gotten nasty.