Renewal Lease Form for an apartment and tenant's rights

[Cida]

These are NOT stupid questions. They're very pertinent important questions. But I hope that you can see by the sometimes contradictory answers you have here that you need to speak to a pro. Either call one of the landlord-tenant groups in the city or see if the attorney general's office can refer you to a local place. (I'm assuming this isn't rent stabilized, but if it is, you can call the rent stabilization office.)

In a quick skim of responses here, I'm struck that it doesn't look like anyone told you to check your lease. I'm very perturbed at the way your LL did this, and wonder if your lease has the usual provisions specifying how much advance notice there needs to be on both sides. I don't recall specifics, but I believe that a LL is supposed to give you a renewal about 60 days in advance, giving you 30 days to respond. By the way, it is correct that you must pay the rent. However, since your LL sounds a bit "off," please take the precaution of taking photographs, if you leave, so that the LL can't claim there is damage and use that as an excuse to withhold your deposit.

This may be too late for you, but I urge you to get specific professional advice, maybe right a formal letter clarifying what the LL did, bizarrely slipping it under your door, bizarrely fudging the dates, etc. This sounds very worrisome to me.

[SeventhFloor]

Originally Posted by lamontnow

OK, now you've posted something ridiculous. Someone following your advice could get into serious trouble.
Your statement that using the security deposit as a rent payment, despite the LL's objection, is "perfectly legal" is patently false! It's not even imperfectly legal.

You tellingly fail to provide a link to a source. That's because there is no valid source. Posters like you are dangerous to people's legal health and well-being

Really, this is illegal? When I was a renter, I asked the LL if I could do this for my last two months (I actually paid an extra security deposit due to crappy credit at the time) and he had no problem with accepting my 2 security deposits as payment for the last two months of rent on my lease. However my apartment was also not under rent stabilization so maybe this made the difference.

[Cida]

Originally Posted by SeventhFloor

Really, this is illegal? When I was a renter, I asked the LL if I could do this for my last two months (I actually paid an extra security deposit due to crappy credit at the time) and he had no problem with accepting my 2 security deposits as payment for the last two months of rent on my lease. However my apartment was also not under rent stabilization so maybe this made the difference.

I can't comment as to whether it is actually illegal, but it is definitely improper and unethical. Because the purpose of a deposit is to allow the LL funds if something is found to have gone wrong after you leave. That said, it's a very different thing if you discuss it with the LL beforehand and come to an agreement as you did; usually it's bad tenants trying to skip out.

[Nebula in Brooklyn]

[SIZE=1]New York SECURITY DEPOSITS[/SIZE]
[SIZE=1]Virtually all New York leases require tenants to give their landlords a security deposit. The security deposit in New York is usually one month's rent. The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. A landlord may use the security deposit: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent.[/SIZE] [CENTER][SIZE=1]New York Landlords, regardless of the number of units in the building, must treat the deposits as trust funds belonging to their tenants and they may not co-mingle deposits with their own money. Landlords of buildings with six or more apartments must put all security deposits in New York bank accounts earning interest at the prevailing rate. [/SIZE][/CENTER] This was taken from Rent Law.com
[CENTER][/CENTER]

[Nebula in Brooklyn]

New York Security Deposits. I suggest you reseach, anything before you assume someone is wrong.