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Transferring apt. to a new tenant...asked to renounce rights

Rights for non-regulated tenants

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Transferring apt. to a new tenant...asked to renounce rights

Postby Krebstar86 » Wed Jul 10, 2013 12:06 pm

I am leaving my apartment at the end of July. I already provided my 30 days notice. We had discussed with our landlord that we knew someone interested in taking the place over after we left.

The prospective new tenant was told to provide a notarized letter from my roommate and I saying we renounce our rights to the apartment. Is this standard practice? Didn't we already do that though by providing the 30 days notice?

The only thing I am worried about is the security deposit I paid when I signed my original lease. If I "renounced my rights to the apartment" am I still entitled to get it back?
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Postby TenantNet » Wed Jul 10, 2013 12:58 pm

If you're M2M in NYC, you don't need to give 30 days notice (OTOH, the LL would be required to give you notice). And you are not required to find a new tenant for the apartment.

Providing additional statements is not necessary and not really standard practice. You gave your notice (even though it's not required) and you will return possession to the LL when you hand over the keys.

You should research in this forum the many instances where LL's play games with security deposits. If you've already paid July rent, then you don't have the leverage. Nevertheless, makes sure the place is clean, everything is removed, take many photos, do a walk-through with a witness and document any damages. Remember, things like painting and carpet cleaning are normal wear-and-tear and not damages that could be claimed from the deposit.

I would not sign such a document even though it does not in our opinion take away any entitlement to the deposit.
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Postby Krebstar86 » Wed Jul 10, 2013 1:12 pm

thanks for the quick response.

It's an interesting situation. My roommate's brother is moving to NYC and needs a place so it would be kinda convenient for him if he could just move into our place. I have copies of our lease and receipts of the sec. deposit and also noted it in the 30 days notice letter. And was def. planning on taking pics and video before I left (even though if he moves in, we'd probably just leave a lot of stuff for him.) So I feel I am pretty covered there, I wasn't just sure if I'd be signing anything away by also signing a "renouncal of rights." Maybe it just means that he takes on responsibility for all that stuff like damages when he leaves?
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Postby Emeraldstar » Thu Jul 11, 2013 12:21 am

Hi All
Agree with TN, don't sign a thing. If your lease ends on July 31st then your LL/Tenant relationship ends there. Clarify with LL what rights they are talking about. Make sure the LL is not trying to get you to agree to transfer your security dep. to the incoming family of your roommate.
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