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Landlord won't return deposit

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Landlord won't return deposit

Postby jp4jp4 » Fri Mar 08, 2013 12:01 pm

Hi,

I need some advice here. I had a lease where the landlord attached a rider saying the landlord wants two months notice before leaving. The lease expired in February. Landlord and I both forgot about the lease expiring. Middle of January, we both talk and I tell the landlord that I need to leave at the end of February. I pay the February rent and move out, leaving behind a clean apartment.

Now the landlord won't give me back the deposit claiming that I didn't give two months notice. I assumed that since the lease expired in February that there is not contract. I understand that I have to give two months notice in September because the lease expires 6 months later. But if the landlord wants two months, they should start lease renewal two months before it expires. Right?

So given that they asked to renew the lease less than two months before expiration and I said no, was I obligated to stay another month? If not, then the landlord doesn't have a reason to withhold my security deposit.

I guess in retrospect, I shouldn't have paid my last month's rent and avoided all this hassle, but I was trying to be a nice guy.

So should I go to court? Do I have any other options?

This building is a privately owned building with no rent stabilization.

thanks,
john
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Postby TenantNet » Fri Mar 08, 2013 12:17 pm

Your lease is over when it's over. A notice to the other party occurs when the lease is still in effect. For example, month-to-month tenants in NYC do not need to give notice, but the landlord must give 30 days notice.

Assuming you're not rent stab (which in many cases you might be no matter what the LL says), your lease expired in Feb. as you say. If you paid rent for March and continued to live there, and assuming the LL accepted the rent, then you're a month-to-month tenant.

See http://tenant.net/phpBB2/viewtopic.php?t=5024 which requires the LL to give you 30 days notice if the LL wants you out. But there is no such requirement that require tenants to give notice ... within NYC.

In our opinion, the law trumps a lease, especially as in this case, the lease would restrict your rights. The lease can expand you rights, but not restrict them. In other words, a requirement to give 2 months notice is not enforceable.

While the lease was still in effect, the LL might have a leg to stand on if you wanted to leave prior to the end of the lease. In fact, that would expand your rights by letting you off the hook for all but two months of the unexpired term of the lease.

The bottom line is if the lease ended in Feb., and you left at the end of the lease, there was no requirement for you to give two months notice.

Your have two options ... go to Small Claims Court, or go to the Attorney General's office.
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Postby jp4jp4 » Fri Mar 08, 2013 12:30 pm

Thanks for the quick response. I have tried to call the landlord and she won't take my calls. She didn't even sign the certified letter she sent me that told me that she won't return the deposit.

I guess I have to call the Attorney General or Small Claims. Would I be able to ask for my expenditures in court fees as well as my deposit amount?
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Postby ronin » Mon Apr 01, 2013 11:31 pm

Yes in general. But the judge may be reluctant to give it.
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