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using security deposit as last months rent

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using security deposit as last months rent

Postby mbmb » Sat Jun 13, 2009 7:31 pm

Can LL take me to court for living out security deposit for last month rent?

On 6/1 my LL insisted that I moveout or get rid ofmy little dog (this has been going on 6 months and I told him I could not get rid of my dog). I originally had lease that converted to a month-to-month. On 6/1 he pointed his finger at me and told me to do somthing with the dog or he may have a "surpise for me". I took that as a threat to evict me and I found an apartment a few days later and told him I was moving last day in June, but I need to live out my security. He said 'no way' and that I can't leave until Aug 1st. Now is oK with my leaving end of June but wants me to pay him $600. Basically he want me to give him $ to fix the apartment. I'm willing to give him $200, but that's it considering all the things he did not fix here I think I'm beingmore than fair. this will be my final offer to him.....However, Ijust want to make sure he can not take me to court.

Thnaks,
mbmb
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Postby TenantNet » Sat Jun 13, 2009 7:37 pm

Why would you even give him $200? You sound as if you're letting him walk all over you.

First, on the dog, get to know the NYC pet law. You might be protected there .. for a while. However, since y9ou have no lease he could eventually end it for no reason.

Of course you can move anytime. See the thread on month-to-month tenants in the reference section (link above). Most likely you don't even need to give notice.

On the rent, sure he can take you to court because he doesn't like the way you look. That does not men that you will owe him any money. If you are using the deposit as the last month's rent, he could claim damages (which is what the deposit is supposed to cover anyway), so you need to make sure you take many photos, clean things, remove all possessions and trash and so on. And make sure you have witnesses that there have been no damages.
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