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Old 01-27-2011, 10:16 PM
 
Location: Brooklyn, NY
122 posts, read 214,569 times
Reputation: 47

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Hi guys,

I'm very much a newbie at this and just wanted to ask what I should do. I rented the apartment that I live in now last April and my lease was set to expire on the 30th of April of this year. Initially I paid a rent + a security deposit (the same amount as the rent).

Tonight I've received a Renewal Release Form for my apartment (which was pushed under my door at 10:30pm which I found really strange) which was dated December 5, 2010. According to this document I must respond in 60 days of that date, or I guess 7 days time for me to decide whether I want to renew my lease or leave the apartment in April.

My first question is if I decide to leave the apartment is the landlord responsible to return the deposit to me, or should I not pay the last month's rent, or is it just something that I lose?

And also I was wondering what will happen if I can't decide within a week, or if the landlord doesn't check her mail box (when I send my checks for rent in the beginning of the month I often see that she cashes it only in the 2nd or 3rd week of that month) and doesn't see my response on time?

Thank you, and sorry for the stupid questions
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Old 01-27-2011, 10:43 PM
 
6 posts, read 18,490 times
Reputation: 13
You have to pay the last month's rent. The landlord should return your deposit after you move out, if you have not caused any damage to the apartment.
I think you should try to contact your landlord in person or on the phone and explain to them that you just got the lease renewal-not on Dec 5- and that you need more time to make a decision.
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Old 01-27-2011, 10:53 PM
 
Location: Brooklyn, NY
122 posts, read 214,569 times
Reputation: 47
Thanks, RachelK.

If I decided not to renew, when do you think I should start looking for an apartment keeping in mind that I have to pay 3 more rents (one rent that I'll need to pay this week + one in March and April) and if I only have about 6K in my bank account? I do work but I can only afford the rent and the bills and I'm afraid I won't be able to save much. I wanted to start looking right away if I didn't renew but I don't know if landlords will be willing to wait for me for a month or two until I finally start moving in?

Thanks for your help
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Old 01-28-2011, 06:09 AM
Status: "Wishing all the best of health!" (set 21 days ago)
 
36,064 posts, read 36,333,117 times
Reputation: 16878
If you decide not to renew you need to leave the apt. by the end of the lease.
Normally one is expected to the pay last month's rent and the landlord is expected to return your security deposit if there is no damage to the apt.
As for looking for another apt. I don't think a landlord will keep a place vacant for a month or 2 in order to wait for a new tenant unless it is an apt. undergoing renovations.
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Old 01-28-2011, 11:00 AM
 
6 posts, read 18,490 times
Reputation: 13
Loss4words, moving is expensive, unless you find a place significantly cheaper than what you have right now. If you do decide to move, I think it's a good idea to start looking now, at least to become familiar with what's on the market. You may be able to find something that will become vacant in May and sign a lease effective May. You may have to put down a security deposit- usually 1 month's rent.
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Old 01-29-2011, 01:09 PM
 
Location: Brooklyn
4 posts, read 11,291 times
Reputation: 10
Quote:
Originally Posted by loss4words View Post
Hi guys,

I'm very much a newbie at this and just wanted to ask what I should do. I rented the apartment that I live in now last April and my lease was set to expire on the 30th of April of this year. Initially I paid a rent + a security deposit (the same amount as the rent).

Tonight I've received a Renewal Release Form for my apartment (which was pushed under my door at 10:30pm which I found really strange) which was dated December 5, 2010. According to this document I must respond in 60 days of that date, or I guess 7 days time for me to decide whether I want to renew my lease or leave the apartment in April.

My first question is if I decide to leave the apartment is the landlord responsible to return the deposit to me, or should I not pay the last month's rent, or is it just something that I lose?

And also I was wondering what will happen if I can't decide within a week, or if the landlord doesn't check her mail box (when I send my checks for rent in the beginning of the month I often see that she cashes it only in the 2nd or 3rd week of that month) and doesn't see my response on time?

Thank you, and sorry for the stupid questions
Hi ,the way the land lord gave you the renewal was a cowards way out. A lease renewal should be handed to you 3 months prior to the end of the lease. If you question when you send the rent check send it registar mail with a sigh receipt. This way you know she received it and you have the day stamped of her signing.As for your deposit you can ask for it back or just not give her the last month's rent. Remember money is to hard to come by now and we all must count our pennies.
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Old 01-31-2011, 03:38 PM
 
1,263 posts, read 2,188,362 times
Reputation: 511
Quote:
Originally Posted by Nebula in Brooklyn View Post
Hi ,the way the land lord gave you the renewal was a cowards way out. A lease renewal should be handed to you 3 months prior to the end of the lease. If you question when you send the rent check send it registar mail with a sigh receipt. This way you know she received it and you have the day stamped of her signing.As for your deposit you can ask for it back or just not give her the last month's rent. Remember money is to hard to come by now and we all must count our pennies.
Do NOT take this advice. If you don't pay the last month's rent you may be sued for non-payment. That would become a permanent record of the housing court and make it difficult for you to find an apartment for the rest of your life. Payment of rent, including the last month, is required by law.
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Old 01-31-2011, 04:02 PM
Status: "Wishing all the best of health!" (set 21 days ago)
 
36,064 posts, read 36,333,117 times
Reputation: 16878
Quote:
Originally Posted by lamontnow View Post
Do NOT take this advice. If you don't pay the last month's rent you may be sued for non-payment. That would become a permanent record of the housing court and make it difficult for you to find an apartment for the rest of your life. Payment of rent, including the last month, is required by law.
It is best to pay one's last month's rent. But I doubt it is worthwhile for the landlord to go to the trouble of suing a departing tenant for the last month's rent if one doesn't pay (meaning using the security deposit in lieu of the last month's rent) and leaves the apt. on time without any damage.
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Old 02-13-2011, 10:29 AM
 
Location: Brooklyn
4 posts, read 11,291 times
Reputation: 10
I strongly sugggest if you question my statement you read A tenant's Guide to the New York City Housing Court. So if the question still remains on the table should you lose the deposit You inform the land lord by ceritfy mail that they should keep the deposit for you last months rent and the landlord agrees to this or if the land lord does not agree it is still prefectly legal,not to pay the last month's rent. You will always have the signature that the landlord sign for the letter.
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Old 02-13-2011, 11:31 AM
 
1,263 posts, read 2,188,362 times
Reputation: 511
Quote:
Originally Posted by Nebula in Brooklyn View Post
I strongly sugggest if you question my statement you read A tenant's Guide to the New York City Housing Court. So if the question still remains on the table should you lose the deposit You inform the land lord by ceritfy mail that they should keep the deposit for you last months rent and the landlord agrees to this or if the land lord does not agree it is still prefectly legal,not to pay the last month's rent. You will always have the signature that the landlord sign for the letter.
OK, now you've posted something ridiculous. Someone following your advice could get into serious trouble.
Your statement that using the security deposit as a rent payment, despite the LL's objection, is "perfectly legal" is patently false! It's not even imperfectly legal.

You tellingly fail to provide a link to a source. That's because there is no valid source. Posters like you are dangerous to people's legal health and well-being
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