If I do not renew, can I get my deposit back?

[cnunez]

I did not renew my rent-stabilized lease and had a happy month-to-month existence in my place. I informed them on Sept. 4 that I was leaving. I have paid Sept. rent. Am I entitled to receive my security deposit back? Please help...

[mjr203]

if you have not damaged the place and paid all rent -- absolutely you are entitled -- it is your $

if you are suspicious of them I would not pay the last month rent and tell them to use the security as last month (maybe too late)

the problem that occurs is that the rules regarding sec dep return are extremely vague

"wear and tear" leaves a lot of room for interpretation

I highly recommmend that you document every part of the apartment with pictures, notes, dates, conditions, with a witness if possible and DEFINITELY do a walkthrough with the LL/representative.

they may still try to jerk you around. they must return it in a reasonable amount of time -- which is generally considered 30-60 days.

-POINTER

[cnunez]

Thanks. The trouble is indeed that I already stupidly paid Sept. rent and did not want to stay, but now am in the position of staying as long as I can into Oct. to get my deposit's worth. I was hoping to get them to prorate the rent and refund part of it if I leave in the middle of October, but they claim that we have a lease even though I did not send in the renewal. I signed a rider that merely says, "If the renewal form is not returned, an automatic one-year renewal charge applies." I don't know what this means but whatever it is, it doesn't sound legally binding because it is so vague.

[Phil Cohen]

No, you don't have a lease. The LL broke the law by not sending you one. You had an illegal month-by-month tenancy. Sounds like what he had you sign was illegal. In any event, you have no lease. You can either insist upon one (which you shouldn't if you want to move out) or move out.
I would just give thirty days notice at the end of Sept--UNLESS you've already given notice--and move out. Don't leave any rent in arrears. Be sure the apt. is spick and span and that you can PROVE it. In other words, be in the right every step of the way.
If he won't return the security deposit, insist on treble damages when you sue.

[mjr203]

Originally posted by cnunez:
Thanks. The trouble is indeed that I already stupidly paid Sept. rent and did not want to stay, but now am in the position of staying as long as I can into Oct. to get my deposit's worth. I was hoping to get them to prorate the rent and refund part of it if I leave in the middle of October, but they claim that we have a lease even though I did not send in the renewal. I signed a rider that merely says, "If the renewal form is not returned, an automatic one-year renewal charge applies." I don't know what this means but whatever it is, it doesn't sound legally binding because it is so vague.

sounds like that rider is a lot of crap

automatic renewal my ass

I'd read them chapter and verse on that stuff

[consigliere]

The Rent Stabilzation Code (RSC), as amended in December 2000, covers this issue. The amended RSC is being challenged in court.
 
RSC §2523.5(c)(2) provides:
 
Where the tenant fails to timely renew an expiring lease or rental agreement offered pursuant to this section, and remains in occupancy after expiration of the lease, such lease or rental agreement may be deemed to have been renewed upon the same terms and conditions, at the legal regulated rent, together with any guidelines adjustments that would have been applicable had the offer of a renewal lease been timely accepted. The effective date of the rent adjustment under the "deemed" renewal lease shall commence on the first rent payment date occurring no less than 90 days after such offer is made by the owner.
 

[Phil Cohen]

and speaking of which, I think my reply may have been based on a misunderstanding. If you were sent the lease form in a timely fashion and you just ignored it, then the LL is right and you basically have another one-year lease. Whether the LL agreed to let you out of the lease is a separate issue and goes into murky territory.
You may want to clarify the factual circumstances, so folks replying don't lead you astray.

[mjr203]

So what is a timely fashion?

[consigliere]

pointerout asked: So what is a timely fashion?
 
According to the Rent Stabilization Code, a renewal lease has to be offered between 150 days and 90 days prior to the expiration date of the current lease.
 

[cnunez]

I can't believe I am wrong, but it looks indeed like I am. Thanks consigliere. I guess I should be thankful they aren't making me pay the difference in rent through next July, since they're going to be renting it for about $100 less per month than I have been paying.