Moving out 1.5 months after a lease expired

[tempuser123]

My lease expired 3/31/10.

Mid-April, I notified my landlord that was leaving mid-May, but never actually paid any rent for April.

I moved out in mid May and paid them half of what my rent was under my expired lease, but clearly labelled the check "May Rent - Apt xx" and they cashed they check.

They are telling me that they think I owe until the end of May at the previous rent, but I don't see anything that says I would owe until the END of the month following my notice of intent to vacate (I've seen some things say 30 days and the lease did not mention anything). As I hadn't actually paid any rent for April, I wasn't officially a month-to-month tenant, and according to this post http://www.tenant.net/phpBB2/viewtopic.php?t=5024 they can not sue me for not paying rent.

My questions are as follows:
1) How much money do I legally owe for April? The link above has me confused and while it says they can't sue me for rent, I'd think they could sue me for something.

2) Do I really owe until the end of the month following my notice of intent to vacate? Does the fact that I hadn't paid rent after the lease expired and therefore wasn't legally a month-to-month tenant at the time make a difference?

3) Does the fact that they cashed my check labelled May rent make that the rent for the entire month? (thereby making the argument about the full/half month moot). Does this have any impact on the April rent (i.e. could it legally be assumed to be equal to they May rent which they accepted?)

Ethically, I want to pay them for the full month of April and half of May and since they have my security deposit of one month, I am essentially paid up. Legally I want to know how much I owe to see how much, if any, bargaining power I have.

They are telling me that they are going to send the amount they think I owe them to a collection agency, but is this possible? Wouldn't they need some type of ruling from a housing court first? They think I owe them a month and a half of rent and they will then refund some of my security deposit. I think I am all paid up but will pay some additional money that would have come from the security deposit to re-paint.

Thanks - all similar posts I've seen all seem to go unanswered, but hopefully someone knows the answers.

[TenantNet]

In your other post you inquired about being blacklisted as a result of the LL commencing a non-payment proceeding in Housing Court.

If you have already moved out, then Housing Court no longer has any jurisdiction. The proper forum would be Civil Court or Supreme Court where the LL could seek back rent and damages (if any), but cannot seek possession.