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Rights for non-regulated tenants

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Easy Question

Postby newlandlordNYC » Thu Jan 28, 2010 5:53 pm

Ok. Just making sure I am not wrong on this. Tenant tells me on December 20th that he is moving out. He states he is moving out on the January 20th. We have a month to month lease. He asked me if it was ok for him to use the security deposit for the last month. I said sure - trying to be a cool landlord. When he left - the place was dirty. So dirty that I cleaned it myself and still needed another cleaning person to come in to clean it some more. (I have receipt). He also broke the vanity and a hanging light - he hung stuff off of it and bent it! He also put the garbage out on the street in such a manor that it spilled everywhere down the street. I had to clean up everything (including embarrasing gross "personal" items.) :shock: I figured - my bad as a first time landlord I should have charged him the January rent and deducted the items from the security deposit. But too late -so too bad - so sad. Now he is asking me for the last days back prorated. :? In other words he wants his security deposit back for the days he didn't live in the apartment. Am I crazy here. Doesn't month to month mean he has to pay for the ENTIRE month until the 30th. Not just when you want to move out? BTW - I am not a rich landlord - I use the rent to pay for the mortgage that I could not afford otherwise and would lose my place. Second, I have not been able to find tenants for this month.

Postby TenantNet » Thu Jan 28, 2010 6:18 pm

First, this is a tenant web site. If you want sympathy, this is the wrong place.

In NYC the tenant is not required to give you any notice at all.

As for security, in our opinion, that covers damages, not cleaning. Some will say the tenant is supposed to leave a place "broom clean," but that does not mean antiseptic. And if you did the cleaning yourself, that is not allowed to be deducted. You would be within your rights to claim the rent for the entire month.
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