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My GF moved into an apartment in the Elmwood village on Jan 1st 2015 and wasn't asked to sign a lease. She had to put down a $600 security deposit. We recently moved into a house and my GF let her landlord know, at the end of September that we would be either moving out at the end of October or end of November as we didn't know if our closing would get delayed. Then on Oct 21st my GF let her landlord that we would in fact be moving out in November and her landlord said he needs more notice than that, although we had given him a heads up more than 30 days before that this might happen, and that he needs to think about whether he would be charging her Nov rent.
Well Oct 31st came, we moved out, his handy man checked the apartment and confirmed everything was in good shape. Now he just called her and said that he spoke to an attorney is holding on to half the security deposit as he claims that she didn't give him enough notice.
I told her that that's BS and that he's just trying to scare her into caving. Since there was never a lease I don't see how he can claim that she owes money for lack of notice which btw we gave him. Also, I thought that the security deposit is meant for any damages or back rent (which in this case should be none) so he legally doesn't have a right to do this.
Any thoughts?
PS Her uncle is a real estate attorney so we're trying to contact him as this is complete BS.
Even without a lease, NYS law still requires that a 30 day WRITTEN notice to vacate be given to the landlord. Legal, your girlfriend owes rent for the full month of November.
The security deposit can be used for unpaid rent...which your girlfriend owes for the month of November.
30 day formal notice is usually required for month-to-month or no lease situation. You told the landlord on Oct 21st, then moved out Oct 31st, the landlord has the right to charge the full rent for Nov. Your notice in September doesn't count because you did not give a specific moving out date.
1/2 the security is a good deal since you gave him 10 days notice. Maybe moving at the end of October or November, we're not sure is not a definite move out date. You basically left him holding the bag and this is not BS. How was he supposed to rent it out if had no idea when you would be moving? Look at it from his perspective.
1/2 the security is a good deal since you gave him 10 days notice. Maybe moving at the end of October or November, we're not sure is not a definite move out date. You basically left him holding the bag and this is not BS. How was he supposed to rent it out if had no idea when you would be moving? Look at it from his perspective.
As a former landlord, you are correct.
Also, your landlord did a poor job. He should have given you a month to month lease contract, which spells out your duty to give 30 days notice, or they will keep the money for unpaid rent up to those 30 days. So basically you owe him 20 days rent, whatever that is. 20 is less than 15, so he gave you a deal only keeping half.
Also think of this, the landlord only has that money for damages. You owe him for rent, now what happens if the apartment is damaged and you skip town? The landlord is left holding the bag, it may not be worth it to sue you.
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