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Rab the OP said he told them he was out of the apt. Then he went back as he still had the keys to get a shovel. That's when he found the new tenant just moving in! I not sure why hes so mad they are returning the deposit Monday..today! Instead of waiting 30 days which the LL has all rights to do. Me I just smile say thanks & ask about the new tenant while handing them the keys. IF The Prorated amount is not on the check!
I thought at 1st OP was venting But sheesh going off for what might be no reason is CRAZY!
The fact you had zero problems paying all month before you knew someone moved in is hilarious. Assuming your rent was 1500 a month, he owes you 300 bucks. Is it really worth getting the police involved? When you left you had no problems with this situation. It's only when you saw he was making extra money that you became upset. If anything, you should be upset at yourself for not asking for the 6 days to be pro rated. I would just let it go for chump change like this.
Rab the OP said he told them he was out of the apt. Then he went back as he still had the keys to get a shovel. That's when he found the new tenant just moving in! I not sure why hes so mad they are returning the deposit Monday..today! Instead of waiting 30 days which the LL has all rights to do. Me I just smile say thanks & ask about the new tenant while handing them the keys. IF The Prorated amount is not on the check!
I thought at 1st OP was venting But sheesh going off for what might be no reason is CRAZY!
Monday is still before the end of the lease. Do you know any landlord that would just voluntarily return the security deposit before the lease even ends? The only time I know that happening is if the tenant has vacated early. I suspect that in some manner the tenant gave the landlord the impression that they were vacating earlier than the end of the month and the landlord acted according to that earlier date. I just can't see a person being described as a potential sleaze voluntarily meeting to actually turn over the security deposit not during the time period required but Before the time period clock starts. Something just isn't right with the OP's version.
Rab EXACTLY!! Tried to Rep u but it wouldn't let me My LL gave us our deposits 30 days After we moved! 2 apts 2 deposit checks Course they gave me the Pet Deposit back 60 mins After I proved Katie was a Trained Service Dog! Now in this apt complex they refused to give a Pet Deposit back when a neighbor proved her dog was a Service Dog... while she wont be paying the pet rent she has to wait till she moves to get her deposit back.
LL are different BUT for the OP to Bash a LL who willing to give his deposit back a Week before the lease is even up. All because he Thinks the LL is going to cheat him out of a few days rent is CRAZY!
I'd just take the deposit check and be quiet about it. He might end up giving you a good reference in the future. You don't want to mess that up over six days.
"I would gracefully accept the return of the security deposit. I would smile and put the security deposit into my pocket. I would hand the landlord my forwarding address and say that's where they can send the refund of the 6 days the new tenant has been residing in the unit. That's it, that's all. If they act surprise or ask what do you mean, I would simply say " my lease runs until July XX and I am paid up until July XX. A new paying tenant has moved in on July YY. As you know, under the law, I am owed a refund of the prorated rent for Z days." End of conversation."
And if the LL does not comply and reimburse you for the overlapping days of rent, then I would recommend that your next attempt be to put it in writing and send it certified/RR and give the LL 10 days to pay you or you will sue in small claims court. Hopefully that will work because if not, then you are going to have to decide if suing them in court is worth it. Look up NYC small claims procedures and see if they will award the damages + attorney costs, if applicable + double or triple damages. If they don't then I doubt it would be worth paying the court costs + your time for 6 days of rent.
The LL should not be able to double dip here. I'd get the deposit back and then ask for the return of the rent. Be polite, but firm. Pretty much follow the advice of Rabb and Corn.
The fact you had zero problems paying all month before you knew someone moved in is hilarious. Assuming your rent was 1500 a month, he owes you 300 bucks. Is it really worth getting the police involved? When you left you had no problems with this situation. It's only when you saw he was making extra money that you became upset. If anything, you should be upset at yourself for not asking for the 6 days to be pro rated. I would just let it go for chump change like this.
About 10 days ago I sent the landlord an e-mail saying if they wish to do some renovation or have the new tenant move in early, to let me know and we can work something out. The landlord never told me that a new tenant was moving in with 6 days left on my lease. If he had told me that the new tenant wished to move in so early, I would have asked to been compensated... But I didn't find out until I went to the place myself to get a shovel from the basement.
It seems like this forum has a lot of landlords on here who would just side with the landlord, and think he's right in double-dipping rent for the 6 days in July.
This is real simple. The apartment is under lease to me until July 31. I still have the keys, and the utilities are still under my name (changing that today). If I want to, I can go walk in there right now and spend my day there. What's to stop me?
If the landlord didn't charge her, I wouldn't care as much, but he did charge her while we also paid.
When I moved in last year, we agreed to an April 15 move-in date for 1/2 month rent. I then asked if it can be April 12 and he said okay. When it was time to pay the rent, he said I owed for 18 days in April.
If it's okay for him to pro-rate the rent, then why isn't it for me to pro-rate it when he's technically not losing a penny from it being he received the 6 days rent from the new tenant.
What he did is very much illegal... I'm sure the new tenants lease starts on July 26. If he doesn't give me the 6 days back, then what do you think a court would do when there is proof that he leased the same apartment to two tenants for a same time period? It doesn't matter if my property is moved out or not. I could have rented the place out a year ago, never moved a single thing in, never step foot in it, and decide on the last day of the lease that I want to go in there to use the bathroom, and never go back.
I'm simply just not walking away from this. I refuse to be sleazed out of $300 when I'm legally in the right, and he's wrong. The landlord is not my friend. I will never talk to him again after today if he gives me the money.
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My LL gave us our deposits 30 days After we moved! 2 apts 2 deposit checks 
