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3 Day Notice to Tenant

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3 Day Notice to Tenant

Postby koko369 » Tue Apr 08, 2008 8:53 am

My husband & I are renting a furnished home fin Apalachin, NY for 2 months (March, April 2008). We found the house through a realtor who knows realtor that is representing our Landlord. Landlord is living in England. Rent is $1500/mo. + we paid $1500 security deposit. Unfortunately, the lease was written very poorly and we trusted our agent and just signed away without truly thinking things over. It simply states that rent is $1500/mo for two possibly stretching to three and a $1500 security deposit. Plus the fact that we will transfer the utilities into our name and transfer back once we leave. It says nothing about when we can get our deposit back or who has the final say so of the condition of the house since LL is in England. Note: Lease did not give a date (EX. the 1st of every month) of rent is due.

I had contact with the LL a few times and all was very well. I thought we had a good "relationship". The problem started when he sent me an email stating where to send April's rent. I replied no problem but had a question which I worded as such:
What are your thoughts on the security deposit...are you having Gwen take a look after we leave and then how long after will we be seeing that back? Just a little hesitant as Dan doesn't have anything coming up for at least a month after this job and $1500 is a lot of money to be waiting for when no money is coming in.

LL replied with:
After thinking about your last reply I was a little upset. Why would you be hesitant about the security? We allowed you to walk into our $200,000 plus house and trusted you without even seeing you or getting a dime. We took a check from you without even questioning it. Suppose it bounced. You were already in the house. We waited a week before it even cleared. You could have done all kinds of things to our house and we wouldn't even know it. Times are tough for all of us.

Long story short I haven't paid rent yet because he won't agree to his Agent giving the OK that the house is fine. No, he wants a neighbor/friend (whom I don't know) give the final say so. Not too mention we will be moving back to the North West and we will not be able to collect rent or fight any claims he might drum up. The house will be in better condition that when we arrived. It was dirty!! Plus my husband fixed towel racks coming out of the walls, put up weather stripping etc.

We have now been served the 3 Day Notice to Tenant (my husband's name is wrong on the paperwork). I want to leave the end of the month, and have him use our deposit as April rent.

Please help ASAP!
koko369
 
Posts: 3
Joined: Tue Apr 08, 2008 8:50 am

Postby andavari » Tue Apr 08, 2008 9:07 am

Doesn't matter, from what I've read, if you are living there with a signed lease and you have not paid rent it is legal for the landlord to serve you a three day notice.
andavari
 
Posts: 10
Joined: Tue Apr 08, 2008 8:45 am
Location: Clifton Park, NY


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