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Ok, good to know so NY Real Property Law applies.
If you started on the 1st, then no, LL can't charge you for the last two days in September; they need to pro-rate your Sept rent accordingly. As well, if your lease started on Sept 27th of the previous year, then you've fulfilled your year-long term and they can't charge you past that either.
The painting charge sounds bogus, also, if you didn't paint the walls another color other than what was provided upon moving in. If it's been the same as you moved in, and there's just normal wear and tear, then LL needs to repaint at their expense, and can't charge you for it. If you were in NYC proper, for example, the LL is required to repaint every 3 years, at their own expense; Long island may not require the same amount of frequency but it's standard in NY for the LL to handle repainting for a unit upon tenant turnover unless the tenant has damaged or painted over the walls without permission.
Ah. Different formulas for different states, I guess. The example I gave was how I was told to calculate prorated rent in VA.
I use monthly rent x 12/365. It's a tiny bit smaller number and more fair to the tenant. I didn't become a landlord to spend my time quibbling over a dollar or two on a $1500 rental.
As well, if your lease started on Sept 27th of the previous year, then you've fulfilled your year-long term and they can't charge you past that either.
If that's the case and she stays after the end of the lease termination date of September 28th then of course they can charge her - and are legally able to charge another month's rent.
What is the exact language in your lease? Is it something like this:
"... for the term of 12 months, beginning October 1st, 2013 and terminating on September 28th, 2014. The rent to be paid by the Lessee for the leased premises shall be as follows:
The term rent shall be $18,000 payable, except as herein otherwise provided, in installments of $1,500, on the FIRST day of every month, in advance, so long as this lease is in force and effect;"
If that's the case and she stays after the end of the lease termination date of September 28th then of course they can charge her - and are legally able to charge another month's rent.
Right; but she hasn't said she intends to stay till the 1st, just that the LL is telling her to vacate by then so they can paint AND that they will charge her for the painting, as well as charge her additional rent through the end of the month. So long as she's out by the 28th, LL can't do either of those things.
I'm confused about the prorating. If the signed lease says term date is Sept 28th and requires a full month's rent, how is that any different than paying rent for the month of February? Does everyone pay less rent on leap years?
I'm confused about the prorating. If the signed lease says term date is Sept 28th and requires a full month's rent, how is that any different than paying rent for the month of February? Does everyone pay less rent on leap years?
Standard NY leases don't state the rent payments the way you phrased it in your previous post.
There are two that are the most commonly used: a Blumberg lease and a REBNY one.
A REBNY residential lease specifies length of lease by number of months and days, with a clear beginning and end date. There is no clause that states the rent is an annual amount that's divided monthly; the rent clause merely states that the rent is x dollars per month.
A Blumberg lease is much the same: there's a box that details clear beginning and ending date, along with monthly rent and the annual rent; however, there is nothing there that states the rent is an annual amount paid in monthly installments.
If her lease started on the 27th, then it doesn't matter as it would have been a full year; however, if she started on the 1st then it would be less than a full year, and there would need to be some pro-ration for the last month.
That's not really the OP's biggest issue, however; OP has stated that LL is claiming to have the ability to deduct the rent from the 28th to the 30th from OP's security deposit if they don't pay past the 28th. That is patently illegal; you can not use a tenant's security deposit in lieu of rent in the state of NY. Additionally, LL can't charge repainting the unit to the tenant if OP has left the unit in the same condition as when they originally rented the unit; again, this is protected by NY law.
is the best option for the OP to
1.) calculate and pay a prorated September rent.
2.) move out and clean apartment on the 28th.
3.) request return of security deposit in writing.
4.) sue if it isn't returned.
Unless someone can actually see the wording of the OP's lease, all is speculation. She's given next to no information to enable anyone to give sensible advice other than that based on a lot of "what if's".
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