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I was unaware this was required - i recently came upon it online as a pre-req
As far as my contract - I believe it said written notice prior to 3 months.
So I have the email - its just not signed by the landlord.
But he is definitely in breach of contract
If you ask me YOU appear to be a bit fuzzy on the lease terms.
First, according to your post, you signed an 8 month lease in August 2009; which means the lease expires either March or April of 2010. At which point, one must presume a month to month tenancy; and, that a 90 day written notice is required, BUT the question is required for what? To break the lease within the lease period? Is 90 days required after the lease period expires (considering the info provided this is questionable imo).
In any event, the implication is that the LL desires 90 days prior to vacating!!! This is the LL's obvious position.
YOU, apparently believe that 90 days written notice is not required once the lease period expires.
WHAT does the lease state? The language here is important. NOT what you think or believe.
Moreover, the LL is acting illegally. Your security is just that security against any damage (generally that means physical damage) the LL may incur as a result of your tenancy. The security deposit cannot legally be held by the LL in order to settle any rental payment dispute!
I would suggest you document the physical condition of the apartment---take pictures!!! Ask the LL to inspect the property, immediately after the move-out; and, after the move-out, with careful attention the language of the lease, send the LL a demand letter requesting the return of your security deposit. Upon the inspection I'd attempt to get the landlord to sign a statement that there is no damage and/or highlight what damage he notes. He may choose not to sign, but as long as you have the pictures you s/b good.
If the LL refuses to return the security deposit, then you can take him to landlord/tenant court and sue for your deposit. The LL will most likely be subject to penalties for not returning the deposit. Do your homework and determine the precise penalty (at the moment I don't recall) and language of the law; I would include the language in the Demand letter.
The thing to note is that if the LL determines, he can sue you for failure to provide the 90 day notice. A court will determine which of you is correct in this regard. I suggest you consult an attorney. Three months rent vs an attorney's consultation fee, that's your choice.
If the language in the lease is not clear on this point, its most likely a judge will simply split the difference. In which case you my be on the hook for 45 days rent.
Lesson learned!
P.S., be cautious of the advice given in this forum, MOST of it is ignorant of the law! The law is what matters, NOT posters' notions and opinions.
BTW, do you have a copy of your lease agreement? If not then ask the LL for a copy.
If you ask me YOU appear to be a bit fuzzy on the lease terms.
First, according to your post, you signed an 8 month lease in August 2009; which means the lease expires either March or April of 2010. At which point, one must presume a month to month tenancy; and, that a 90 day written notice is required, BUT the question is required for what? To break the lease within the lease period? Is 90 days required after the lease period expires (considering the info provided this is questionable imo).
In any event, the implication is that the LL desires 90 days prior to vacating!!! This is the LL's obvious position.
YOU, apparently believe that 90 days written notice is not required once the lease period expires.
WHAT does the lease state? The language here is important. NOT what you think or believe.
Moreover, the LL is acting illegally. Your security is just that security against any damage (generally that means physical damage) the LL may incur as a result of your tenancy. The security deposit cannot legally be held by the LL in order to settle any rental payment dispute!
I would suggest you document the physical condition of the apartment---take pictures!!! Ask the LL to inspect the property, immediately after the move-out; and, after the move-out, with careful attention the language of the lease, send the LL a demand letter requesting the return of your security deposit. Upon the inspection I'd attempt to get the landlord to sign a statement that there is no damage and/or highlight what damage he notes. He may choose not to sign, but as long as you have the pictures you s/b good.
If the LL refuses to return the security deposit, then you can take him to landlord/tenant court and sue for your deposit. The LL will most likely be subject to penalties for not returning the deposit. Do your homework and determine the precise penalty (at the moment I don't recall) and language of the law; I would include the language in the Demand letter.
The thing to note is that if the LL determines, he can sue you for failure to provide the 90 day notice. A court will determine which of you is correct in this regard. I suggest you consult an attorney. Three months rent vs an attorney's consultation fee, that's your choice.
If the language in the lease is not clear on this point, its most likely a judge will simply split the difference. In which case you my be on the hook for 45 days rent.
Lesson learned!
P.S., be cautious of the advice given in this forum, MOST of it is ignorant of the law! The law is what matters, NOT posters' notions and opinions.
BTW, do you have a copy of your lease agreement? If not then ask the LL for a copy.
Thanks for the info. I just reviewed the lease and it is pretty concrete.
The lease states specifically that I'm on a 8 month lease from 8/1 to 4/1.
The lease expires at 4/1. I was obligated to "notifiy" (those were the exact words in the lease) if would move out when the lease ends in april. This notification was required 3 months prior to the lease ending. I provided this way in advance in january - 5 months prior to the lease.
I hope I don't get screwed. I signed an 8 month lease. And legally and lawfully moved out at the end of my lease
so the notification was not required to break the lease - it was required for me to let my landlord know that I would not extend the lease on the 8 month period is over
spread cockroaches in the apt. or the hallway and call the health dept....or put up a sign in Central Park that there is free wine at
your apt. building address on top floor...
You previously wrote you needed a signed notice to effect the clause about moving out in April. That still seems confusing, even after your latest response.
I am presuming such a clause is not spelled out in your lease, that it only says "notify". In that case, your email to him constitutes notification, and his response of "when" constitutes his receipt of that notification.
I hope you took pictures before you moved out April 1. Tell the landlord you want your deposit back presuming there is no damage and will send a letter formally demanding it ASAP and if he does not respond that you have already prepared to file with the housing authority or small claims court about this.
You previously wrote you needed a signed notice to effect the clause about moving out in April. That still seems confusing, even after your latest response.
I am presuming such a clause is not spelled out in your lease, that it only says "notify". In that case, your email to him constitutes notification, and his response of "when" constitutes his receipt of that notification.
I hope you took pictures before you moved out April 1. Tell the landlord you want your deposit back presuming there is no damage and will send a letter formally demanding it ASAP and if he does not respond that you have already prepared to file with the housing authority or small claims court about this.
Yes -sorry for the confusion. I only mentioned "signed" because I thought that was standard lease lingo from my online research.
But at looking at my lease - it only says "notify"
I just finished going through this exact same experience. I have to warn you, the process took a year and I had to go back to small claims court 4 times, but I just recently got my deposit back and it was entirely worth it. I was also dealing with a really malicious slumlord, so it may only take one time for you, as it does for most.
The security deposit is your property and your landlord is only allowed to take your security deposit for damages beyond normal wear and tear and if you violated the lease. Go through the lease carefully to make sure there's nothing in there that you may have violated. Next, file a claim. This is $35.00 and you can do it online or at the court. Do it online at this website: nCourt - File Small Claims, Pay Traffic Citation.
Next you are going to have to go to court. Put together 3 binders (one for you, the judge or arbiter, and the defendant). These binders should have copies of all your evidence: the receipt for the security deposit, your lease, your last months check, your 30 days notice letter.
You will win because your landlord has no case and small claims court usually takes the side of the tenant anyway.
Once you win, you will want to go back and get copies of the checks you gave for your rent. They will have your landlord bank account info on the back. If they don't pay within 30 days, you will be able to freeze their bank accounts until they pay the judgment. You can also repossess their car, put liens on their property, etc.
If you want more information on the court process, go to landlordintel.com, they have a great section on small claims court. You can also post a review of your landlord to warn other people not to rent from him.
I moved to NYC in august of of 2009. I live in a two room apartment with someone else. We are on two different leases. He was on a 1 year lease. And I signed an 8 month lease. The contract specifically states its an 8 month lease. I ponied up a big security deposit becuase the place was furnished.
I notified my landlord that I was moving out - well in advance - in January. It was not an issue back then. Only three months was required. Now my landlord is saying that I left him in a difficult position becuase he has been unable to fill the room.
To my complete surprise - he is now saying that we had a deal that I would only move out if I got transfered (never agreed to this in writing or verbally)
He is now keeping my security deposit ransom. His latest email was that he was very accomdating by agreeing to a 8 month lease and that I should help "fill the void" i left behind. His exact words were help me and "we'll settle up". This was never an issue until they figured out they couldn't rent out the place. This is ridicolous.
What are my options? Legally?
THe facts are simple. We had contractually binding lease. I left when the lease ended.
easy take him to court if he still wont give it to you go back to court and ask for a judgement and seize his home and assets
@OP - why didn't you use your deposit as your rent for your last month there? That's what everyone else does and that's the standard. I'm sure your security deposit can't be over 2K unless you lived in Manhattan.
Take pictures of the apartment before you move out, just in case in court he changes his strategy and tries to claim that you made a mess and he needs the deposit for that.
I would also inform him in writing that if he does not give up the deposit you will take him to court and you will win. If you can convince him that he has no chance this could be enough make him just give up and give back the deposit and avoid wasting time in court.
Quote:
@OP - why didn't you use your deposit as your rent for your last month there? That's what everyone else does and that's the standard. I'm sure your security deposit can't be over 2K unless you lived in Manhattan.
That's a terrible idea. Then the landlord can fight back and say that he didn't pay a months rent. I would never accept my tenants using a deposit to pay the last month. Then I no longer have their money available to pay for any damage they might have caused.
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**** roach justice
