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My family and I lived in a rental unit owned by a private owner for four years. We had a great relationship with the Landlord and his family. The rent was $700, plus $150 for the propane costs, which he covered. Our original lease was for 12 months, followed by three years of month-to-month renting.
I was laid off from my job in January, and I stayed in contact with the family while paying rent for February. I spoke with the LL's wife on March 10th, explaining that we would not be able to afford to stay through April and we needed to move. She said she understood and that they would help us 'however they could'. I sent a message to my LL on the 13th, letting him know that I spoke with his wife and that we would be cleaning and moving and the unit will be all ready to show on April 1st.
Between March 13th and April 1st, I communicated at least a dozen times with my LL via text, regarding schedules and how the moving/cleaning was going. All super friendly and cordial. No issues. He even texted me and said he didn't want to fill up the trash dumpster, and he would let me borrow his trailer and he would take any trash directly to the dump. I appreciated the help, as it saved us trips. With then help of my friends, family and church members, we deep-cleaned the unit and moved everything out. The LL showed the place to new tenants on March 26th.
On April 1st, we walked through the unit and I gave him the keys. I didn't ask him about the security deposit.
On April 8th, I texted him thanking his family for their hospitality through the years.
I did not receive any replies.
On April 17th, I texted and inquired about the security deposit.
I managed to get him on the phone on the 18th, and he said he hadn't gotten a chance to calculate all the deductions, but he said there were many issues and that we didn't give him enough of a notice before moving and informed me that he was now charging me for trash removal. I was blindsided, but I said to figure it all out and let me know. (Thinking he might deduct a couple hundred bucks or something.)
I did not hear from him for weeks.
On May 5th, he finally texts me asking if we could get together to 'finalize everything'. I was slightly upset at this point and told him that there was nothing to finalize and gave him my new address where he could send the deposit.
On May 7th, I received a wall of text laying out his grievances against me, claiming that I was in violation of my lease, and there was no deposit owed. Additionally, he said that there was mold on the bottom of the fridge, removing wax from the floor, cleaning the oven and removing dirt from the window tracks as well as cleaning the doors and walls before he could paint them. He mentioned lighting fixtures which were missing or broken, which were missing since before we moved in. He also claims that we kept our AC unit in the window too far into the winter season, incurring significant propane costs. He then listed all the months we were late with our rent and didn't pay any fees. (They told us not to worry about it.)
So after listing all these items, he wrote this:
Quote:
We have always worked to help you in your financial struggles and in many instances to our own detriment. In this circumstance I would consider meeting you in the middle so to speak. It would not be reasonable to expect any or all security deposit however, I would be willing to consider $350 (Approx. half the security deposit) as a kind gesture. But, I would need to deduct the cost of the lighting and dump fees ($215), which would leave $135 that I am willing to give you as a kind gesture.
(LL's wife) is prepared to write you a check for $200 as full resolution of our rental agreement and relationship upon your response today clearly indicating that you accept this $200 as full resolution.
Thank you.
I responded and told him that he should send the security deposit, along with a list of itemized deductions to my new address, and that if it was not acceptable, I would take the next step.
I did not hear from him again until I received a certified letter via FedEx today from my LL.
Quote:
Dear ******
I tried to provide you with a generous offering to help with your circumstances.
However it seems we may have to discuss the "next step" and move in a different direction. The previous
$200 resolution offer is no longer extended.
Your notice was given on March 13th.
The New York State Attorney General has the following provisions of tenancy in Section II.
Month to Month Tenants
"Renters who do not have leases and pay rent on a monthly basis are called "month -to-
month" tenants. In localities without rent regulation, tenants who stay past the end of a lease
are treated as month -to -month tenants if the landlord accepts their rent
(Real Property Law §
232-c).
A month -to -month tenancy outside New York City may be terminated by either party by
giving at least one month's notice before the expiration of the tenancy. For example, if the
landlord wants the tenant to move out by November 1 and the rent is due on the first of each
month, the landlord must give notice by September 30. In New York City, 30 days' notice is
required, rather than one month."
Your notice on March 13th shows you are giving notice prior to April 1, therefore meeting your
obligation to provide at least one month's notice. This would officially have your tenancy
termination date as April 30th.
Therefore your April Rent and Gas are now past due.
The New York State Attorney General has the following provisions Section Ill.
"A landlord may use the security deposit as a reimbursement for any unpaid rent, or the
reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment.
He or she must return the security deposit, less any lawful deduction, to the tenant at the end
of the lease or within reasonable time thereafter, whether or not the tenant asks for its return.
To avoid any disputes, the tenant should thoroughly inspect the apartment with the landlord
before moving in and document any pre-existing conditions. Upon vacating, the tenant should leave the apartment in clean condition, removing all personal belongings and trash from the apartment, and making any minor repairs needed."
I could use the security deposit as reimbursement for the unpaid rent however this will place
you at a deficit for the unpaid gas and other expenses incurred due to damages and items
beyond reasonable wear and tear. Additional dollars may be sought for late fees, which have
not been paid.
Please see the following list containing many of the required repairs and many but not all of the
late fees:
Overhead Light Master Bedroom $59.78
Overhead Light Kitchen $49.98
Glass Light Shroud Small Bedroom $5.98
Glass Light Shroud Med Bedroom $5.98
Dump Fee 460 LBS $31.05
Outlet Cover Small Bedroom $-
Outlet Cover Med Bedroom $-
Unpaid Late Fees $450
Rent Apr -17 $700.00
Gas Apr -17 $150.00
Total $1,457.77
Security Deposit $700.00
Balance Owed by Tenant $757.77
While I understand you are out of work currently. I would be happy to take reasonable
payments for the outstanding balance ($757.77) owed. At this time I have not calculated all of the late fees but reserve the right to do so if we need to take "The Next Step" as you had suggested.
Please let me know how you would like to proceed.
Thank you, (LL)
I would like some advice on how I should proceed with this situation? The letter feels very threatening like it was meant to scare me. I just want to be done with this issue and move on.
I regret I did not take any pictures of the unit after we cleaned it and I did not sign anything after I handed over the keys.
You should have taken his original deal. You did indeed leave early and didn't give enough notice so there's not much point in arguing that. And you don't have pictures so it's your word vs his. You started the scare tactics by saying you'd take the next step if he didn't send your security deposit. This most likely set him off to write that last notice.
I'd probably just beg and plead for that original deal if I were you.
You should have taken his original deal. You did indeed leave early and didn't give enough notice so there's not much point in arguing that. And you don't have pictures so it's your word vs his. You started the scare tactics by saying you'd take the next step if he didn't send your security deposit. This most likely set him off to write that last notice.
I'd probably just beg and plead for that original deal if I were you.
I agree. And there were months that you didn't pay rent on time, incurring late fees that they were willing (evidently) to waive at that time. You weren't exactly a model tenant, and left at a point where they couldn't immediately re-rent the apartment. They are out money just for the remainder of April because of your lack of proper notice.
And how the heck do you have so much trash that it takes a dumpster or trailer to haul it away??? 460 pounds isn't normal - sounds like a hoarder. Which also doesn't make you a model tenant, and makes em suspicious that the apartment hadn't been taken care of during your tenancy.
Apologize for being a jerk and ask for the original $200 deal. He'll probably refuse at this point. You should hope he just writes off the rest and leaves you alone.
Your landlord is mostly likely having a "no good deed goes unpunished" knee-jerk reaction. You broke the lease early, you had what seems to be a very reasonable rent amount, they waived oodles of late fees because they took into account your financial struggles, and they even helped you by taking care of a few of your moving hassles. Just by ending the lease early in most states you can expect to kiss your deposit goodbye. He was willing to meet you more than halfway by returning $200 and in return you more or less threatened to take him to court.
At this point you should call or write him that you are sorry, that you haven't really been thinking clearly because of your financial stress, and ask if it is possible to go back to the original deal or at least just walk away without owing something. You need to understand, if this goes to court you are losing and will owe him money. Your best case scenario is that because he appears to have treated you sympathetically he'll continue to exercise compassion and call it a wash.
__________________
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I deleted my original reply because I read through the deduction list after I made it. They likely waived their right to claim late fees by continuing to accept rent after the fees had become due; unless they sent you pay or quit notices, $450 is excessive. The other issue is with the $150 gas charge; unless it is included in your rent total in your lease (it is likely a separate item from rent in the utilities portion) they might not be able to charge that, the month of rent you owe for sure but that gas charge is questionable.
You still played this poorly and should ask to either accept their original $200 deal or break even but whatever you do they need to put it in writing if they give you a discount. Otherwise expect to go to court over it and when they win, even with reduced amounts they will still win, you will just be adding legal expenses to your bill.
I still find it very dishonest to allow me to leave on March 31st, and then turn around and charge me for a month that I didn't live there. Had I known my family would have stayed for the remainder of April. Two months after the fact I find out that I was renting an apartment that I didn't have access to.
...and to answer some questions. No, we are not hoarders, our apartment was very clean. We had excess dressers and furniture that we couldn't fit/take into our new place. We were more than happy to drop these items off at the facility but it would have taken us a few more trips. When he offered to take them for us, we were grateful.
Finally, we had worked out an agreement on payment dates that corresponded with my pay schedule. This means that my rent was always paid on the same date every month, just not the 1st as the lease stipulated.
I guess I'm naive. I've dealt with many landlords in the past and have always prided myself on leaving a unit perfectly clean and fit for he next tenant. I have always received my security deposit back. I've never been nickel and dimed like this.
If this is my fate then so be it. I will know next time to get agreements in writing, regardless of the kindness of the other party.
I still find it very dishonest to allow me to leave on March 31st, and then turn around and charge me for a month that I didn't live there. Had I known my family would have stayed for the remainder of April. Two months after the fact I find out that I was renting an apartment that I didn't have access to.
.
This is standard procedure when breaking your lease. You pay until they can rerent or your lease ends, whichever comes first.
I just received a $4,000 bill for breaking my lease. (This was after using my security deposit to cover a portion of it.) I paid them $500 when I got the bill because my apartment had yet to be rerented at that point but they had someone interested. I just received an adjusted bill today. I owe them an additional $65 and then my debt will be fulfilled. Lucky for me, the apartment was empty only a few weeks.
However, I did not pay any utilities after my move-out date. Utilities were in my name, so I called the company to schedule the shut off prior to moving out. So, as another poster said, I would at least argue the $150 propane charge for April.
I still find it very dishonest to allow me to leave on March 31st, and then turn around and charge me for a month that I didn't live there. Had I known my family would have stayed for the remainder of April. Two months after the fact I find out that I was renting an apartment that I didn't have access to.
...and to answer some questions. No, we are not hoarders, our apartment was very clean. We had excess dressers and furniture that we couldn't fit/take into our new place. We were more than happy to drop these items off at the facility but it would have taken us a few more trips. When he offered to take them for us, we were grateful.
Finally, we had worked out an agreement on payment dates that corresponded with my pay schedule. This means that my rent was always paid on the same date every month, just not the 1st as the lease stipulated.
I guess I'm naive. I've dealt with many landlords in the past and have always prided myself on leaving a unit perfectly clean and fit for he next tenant. I have always received my security deposit back. I've never been nickel and dimed like this.
If this is my fate then so be it. I will know next time to get agreements in writing, regardless of the kindness of the other party.
Again, thank you.
You can always take it to court and let a judge decide.
Depending on the judge he may see it as the landlord didn't give your notice for keeping security in a reasonable amount or time. You could also ask 2x the amount in damages for not following the law
Next time take MANY PICTURES when you move in and also out. Stove, oven, fridge, windows and window coverings, light fixtures, carpet, etc. Take pictures of any damages, stains, holes, etc. Also, "had I known" is no excuse; it is up to you to know the laws regarding renting and giving notice. Get receipts for any deposits, and pay them separately from your rent. I feel sorry for both you and your LL, but live and learn.
You can always take it to court and let a judge decide.
Depending on the judge he may see it as the landlord didn't give your notice for keeping security in a reasonable amount or time. You could also ask 2x the amount in damages for not following the law
NYS does not impose a penalty on the landlord for failing to return the deposit within a reasonable amount of time.
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