RECIEPT FOR SURRENDER OF PREMISES TO LL

[MCNE157]

I moved out of my apartment and gave my key to the building super he signed a receipt I prepared which states the date and time I surrendered the premises to him.

Is this sufficient proof that I left and surrendered the premise?

[TenantNet]

It might be, but if you go to court the LL could claim the super wasn't authorized to accept the keys, which should be the same thing as returning possession of the apartment to the landlord.

And the LL might have a point. Supers are not always seen as authorized agents of the LL. They are employees. It depends to some extent how they operate. If they take orders from the office and exert a lot of control over what occurs at the building, then one could argue he's authorized. But if all he does is mop hallways and make minor repairs, perhaps not.

Tenant often make the mistake of giving keys to the super, then they wonder what is going on when a few years later the LL tracks them down and sues them for 2 years back rent. I have seen that several times.

Things also might depend on what a receipt actually says. It should say that John Doe (title of office employee), as agent for the landlord XYZ Corp, hereby accepts they keys for apartment 1-C at 123 Broaday, NY 100XX from tenant George Jones which is surrender of the apartment to the LL - or something along those lines. It might also say something about the unit being in good condition and broome clean after a LL inspection. I don't have an example letter, but it should contain, at a minimum, the essential elements.

I don't mean to scare you, but I have seen some horror stories.