Landlady threatening to sue, wants more than security.

[JKeane]

Please help!!

I have been renting in a legal two-family for 9.5 years. I have not had a lease in 8.5 years. I have decided to move and gave my landlady 20 days notice. I am moving on 11/24 and she wants me to pay December rent. I am willing to loose the security to just get out. She has informed me that she will sue me for the December rent; and, that I owe her $200.00 more security because she raised the rent 14 months ago....but she never asked for the increase in security at that time.
Can someone please help me, can she sue me, do I have to give her more security money????? Time is of the essence!!!

[ChrisG]

with no lease you are a month-to-month renter. if you had given a full month's notice on vacating your apartment, there would be no quesiton at all. but because you gave less than a month's notice the LL is trying to squeeze out one more month.

to save trouble, could you just give the LL the extra $200 and be done with it? you have been there for so long the LL had probably forgotten that you might leave any month and is freaking out about the money she will lose.

[Cranky Tenant]

As far as I know (from reading this board) Month-to-Month tenants are under no obligation to give notice. It's the LL who has to give notice.

If she never asked for an increase in security it's rediculous to give it to her now. Presuming there's no damage to the apartment the LL is supposed to return it when you leave anyway. If you don't think she's going to be forthcoming with the security you already gave her, I certainly wouldn't give her any more.

[mjr203]

Originally posted by Cranky Tenant:
As far as I know (from reading this board) Month-to-Month tenants are under no obligation to give notice. It's the LL who has to give notice.

If she never asked for an increase in security it's rediculous to give it to her now. Presuming there's no damage to the apartment the LL is supposed to return it when you leave anyway. If you don't think she's going to be forthcoming with the security you already gave her, I certainly wouldn't give her any more.

completely agree. don't give her any extra money.

tell her that if she wants to sue you for the dec rent she should bring it on.

also tell her that the apartment is in good condition and you will expect your full security back plus interest accumulated on the security deposit for 10 years, assuming you have not been collecting the interest on a year by year basis. Check the housingnyc.com site for more on security deposits...

-POINTER

[Phil Cohen]

I agree with what's been said (i.e., you don't owe her a cent), and would add that you should carefully document the condition of the apartment, so that she doesn't try to hit you with some kind of nuisance "apartment damage" suit. (Vindictive landlords do that sometimes.) Take photos, have witnesses, etc.