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Old 02-07-2012, 11:21 PM
 
Location: Brooklyn, NY born & raised!
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So when we moved in here, we never signed a lease. My boyfriend already knew the landlord from having rented from him before. We gave him the one months rent and deposit. (I pushed him to get a receipt for the deposit as we have yet to get that, but we do have receipts for our rent payments).

It's been 3 months, but now we might be moving out of state sometime this year if certain things fall into place. My boyfriend thinks we might not get the deposit back when we move because we wouldn't be here a full year, and thus we should do like some others have done and not pay the last months rent to make up for it.

If we chose to go this route, is there any legal recourse for this type of action? What would be typical protocol in this case? Ask for the deposit in writing 30 days in advance? Or would this not matter since we technically never signed a lease?

Thanks in advance.
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Old 02-08-2012, 02:48 AM
 
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if you have no lease then your month to month which only requires 30 day notice

Last edited by mathjak107; 02-08-2012 at 03:26 AM..
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Old 02-08-2012, 06:20 AM
 
Location: Manhattan
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Alas, not only did you not sign a lease but the landlord did not sign a receipt for a rent deposit.

Unless you have a cancelled check, you will have to count on the kindness of the landlord to return your deposit...otherwise you are not getting it back.
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Old 02-08-2012, 12:49 PM
 
Location: Brooklyn, NY born & raised!
2,593 posts, read 3,728,289 times
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Quote:
Originally Posted by Kefir King View Post
Alas, not only did you not sign a lease but the landlord did not sign a receipt for a rent deposit.

Unless you have a cancelled check, you will have to count on the kindness of the landlord to return your deposit...otherwise you are not getting it back.
The deposit was by check, so we do have a cancelled check. The only issue is because we weren't sure whether to write the check to the landlord or his brother who also owns the property, we made it out to cash.
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Old 02-09-2012, 09:01 AM
 
Location: Manhattan
20,146 posts, read 26,435,766 times
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Quote:
Originally Posted by missjanna74 View Post
The deposit was by check, so we do have a cancelled check. The only issue is because we weren't sure whether to write the check to the landlord or his brother who also owns the property, we made it out to cash.

Should PROBABLY stand up in court but an owner's name on the check with the word DEPOSIT would be far better. Of course, you have the ENDORSEMENT on the back.

I hope you get it back because court is...well, you know...COURT! You probably WILL, because landlord's know there are severe penalties for withholding deposits.
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