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Old 09-02-2010, 02:48 PM
 
2 posts, read 4,015 times
Reputation: 10

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I was at an appartment for three years. The first year I was on a lease and i did not renew it after that.

I moved out on July 3rd and my landlord is telling me that because i moved on the 3rd of the month instead of by the end of the month they will make me pay for the whole month (by keeping my deposit), even though I gave them over 30 day notice that I was moving out.

Can they legally do this?

DO NOT rent from Pinnacle Hamilton
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Old 09-02-2010, 02:59 PM
 
Location: Brooklyn
11 posts, read 19,069 times
Reputation: 22
How did you live there for two additional years without a lease? Was it shared?

From my understanding (at least with my apartment) is that if you're in the apartment after the 1st of the month, then you owe for that month. I paid before the 1st, and that covers the whole month. According to your landlord, it sounds like he's just charging you for the month's rent because you were still occupying the apartment after the 1st.

Good luck.
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Old 09-02-2010, 03:09 PM
 
2 posts, read 4,015 times
Reputation: 10
I just never signed a new lease. Its my understanding that after one year you cant be forced to sign a lease so I didnt and they didnt seem to mind (because I kept paying them on time).

When I brought them the letter telling them that i was moving on the 3rd i asked if that would be a problem and they said "no". How is someone supposed to move by the end of the month if your next rent begins at the begining of the month? you need at least a day of overlap
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Old 09-02-2010, 05:06 PM
 
900 posts, read 2,164,475 times
Reputation: 676
Because Ladymoz, if you don't renew a lease and as long as the landlord agrees it goes to month to month.

Dandeso,

No the landlord isn't allowed to keep ALL of your security. It gets prorated if you go into the next month so you only pay for the 3 days you stayed.

These types of dirty landlords will come up with any excuse to keep your money so be prepared for the next thing out of their mouth is that you left the apartment damaged in some way or dirty for the next excuse to keep your money.

Always take pictures prior to moving in to prove the condition of the apartment and pictures of the condition of the apartment upon leaving. This will be your proof that nothing was damaged.

They cannot collect for normal wear and tear.

You did the right thing in giving them 30 day notice, but was it in writing?

Take them to small claims court to get the remainder of the money. Simply divide 30 by the monthly rent then x's it by 3 and this is the amount they're owed and the rest is yours.
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Old 09-02-2010, 08:53 PM
 
979 posts, read 4,145,095 times
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The law states:
Quote:
MONTH-TO-MONTH TENANTS
Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, 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.
If you gave 30 days notice in NYC then like luvnyc says you should be good, if it was in writing.
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