Last Month Rent/Security Deposit (New York, York: apartment, leasing, credit)
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I had put this question in the renting section but wanted to see what more people thought so I'm posting here: What do most renters do regarding the last month of a lease if the renter has given the landlord 30 days notice that the tenant is leaving. Do most people use the security deposit as the last month? What happens when a renter is paying for two places at once? Wondering what the consensus is. I have a landlord that I don't trust too well.
I'm not a lawyer, but I'm pretty sure that you can't skip out on the last month's rent because you don't trust the landlord to not refund your deposit. You have to sue for the deposit back after the fact if the landlord is unreasonable. That is, you can't act in anticipation of a problem.
It sucks. I don't trust my slumlord to return my deposit, either. She doesn't respond when there is a leak in the ceiling of her building, why would she bother returning my deposit?
You must pay the last month rent and upon leaving the landlord or staff will inspect the apartment. If all goes well, they will mail you a check to your new address. I summed up me giving the landlord back the apt in a fax letter. I reiterated the conversation, date and time and what we spoke about and gave a forwarding address to mail check. Receiving the fax transmittal is proof that it was sent to their office. You may also send it by certified letter. Bottom line, pay the rent--landlords are not responsible if you have to pay two rents at the same time.
I have a problem and I'm wondering if anyone knows the law on this. I was leasing an apartment and my lease expired, so I continued as a month to month tenant.
I'd always thought my landlord was a nice guy and he was saying he would appreciate time to get in and repaint before the next tenant. So I paid the full month deposit and agreed to his request to move our on the 22nd of the month. I was under the impression that I'd get back my deposit and the remaining days I'd paid for but not used. This is always the way it's worked for me in the past, but he says it does not work like this. I'm out about $500 for the remaining week. Am I within the law to get this back?
I, and most of my neighbors, have used the security deposit as the last month's rent (security was 1.5 months.) After about a month the landlord, one of the biggest in the tri-state area, returned the other half month's rent.
Some have even paid 1/2 rent on the penultimate month after they informed the landlord they wouldn't be renewing. Landlord even said thanks for the early notification.
Take lots of pictures in case of mysterious "damage" charges.
Brooklyn,
You're out of luck. Month to month means what it says, not week to week. Landlords must NEVER be thought of as "nice guys." That only puts tenants at a disadvantage.
I had put this question in the renting section but wanted to see what more people thought so I'm posting here: What do most renters do regarding the last month of a lease if the renter has given the landlord 30 days notice that the tenant is leaving. Do most people use the security deposit as the last month? What happens when a renter is paying for two places at once? Wondering what the consensus is. I have a landlord that I don't trust too well.
Quote:
Originally Posted by Brooklyn_QueenBee
You must pay the last month rent and upon leaving the landlord or staff will inspect the apartment. If all goes well, they will mail you a check to your new address. I summed up me giving the landlord back the apt in a fax letter. I reiterated the conversation, date and time and what we spoke about and gave a forwarding address to mail check. Receiving the fax transmittal is proof that it was sent to their office. You may also send it by certified letter. Bottom line, pay the rent--landlords are not responsible if you have to pay two rents at the same time.
QueenBee is correct. According to the "Rent Regulation Reform Act," rent and security are separate issues. The purpose of a security is to cover any damages incurred during occupation. If the inspection finds no problem, then the security is returned in full.
If you use security as the last months rent and damages are found, you may be taken to court. Paying the last month and leaving the security in place guarantees you complete legal protection. Otherwise you risk incurring a judgment against you for breaking the contract, read your lease carefully.
"A landlord may use the security deposit: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent."
"Landlords are entitled to annual administrative expenses of 1% of the deposit. All other interest earned on the deposits belongs to the tenants. Tenants must be given the option of having this interest paid to them annually, applied to rent, or paid at the end of the lease term." New York Security Deposits
Last edited by Tony Of New York; 05-26-2011 at 06:28 PM..
So I paid the full month deposit and agreed to his request to move our on the 22nd of the month. I was under the impression that I'd get back my deposit and the remaining days I'd paid for but not used. This is always the way it's worked for me in the past, but he says it does not work like this. I'm out about $500 for the remaining week. Am I within the law to get this back?
The above states you paid the "deposit". Presuming you meant you paid the last month's rent, and you did this after agreeing to allowing the LL to paint prior to the termination of the lease, there are a couple of questions:
First, it appears that you and the LL spoke and made an agreement, but you and/or he were not of the same mind.
The LL wanted access to the apt for the purposes of painting while you were still resident and paying rent. You do not indicate that he offered, nor agreed to compensate you for cooperating and providing access.
You on the other hand, agreed to provide access, but it appears your intention was to vacate prior to the lease termination date (presumably the last day of the month), allowing the LL time and access to paint.
There appears to NOT be a meeting of the minds.
In any event, since you intended to vacate early, and you believed the LL understood this, and intended to release you from the remainder of your rent obligation, then WHY did you pay the full month's rent? Why did you not prorate the amount, deducting for the days you would not be occupying the residence?
I believe you made a presumption, which the LL did not agree to. The LL's intention was to take advantage of your largesse, in agreeing to the inconvenience of painting while still resident and paying rent. Which would save him time and possibly money.
You should have made it clear, that access would be provided upon your early vacancy; that the rent w/b prorated, AND taken from the security deposit. Also, very importantly, you should have gotten the agreement in writing!
Do you have it in writing? Do you have any evidence of an agreement?
LL is correct, you cannot vacate 'early' and expect the LL to automatically prorate the rent. It must be by agreement.
As I said, I suspect the disagreement was simply a misunderstanding on your's and possibly his as well. Though, he may have very well known at some point that you were vacating early.
You can take the LL to small claims court and take your chances. It is FAR more advantageous to have written proof, but perhaps you can make a convincing argument to the court. Worth a try!
Though, imo, on the face of it, with no 'meeting of the mind', you have no agreement re proration, and the court should rule in favor of the LL.
Do NOT take the advice of this poster regarding using the security deposit as rent. As other posters have said, and one even cited the legal code, using security deposit as rent is ILLEGAL.
This means you could be sued for non-payment of rent. The LL will then hire a collection agency to collect what you owe.
The consequence to you would be a destroyed credit record and inclusion into the housing court blacklist.
There is a huge chasm between COULD and WILL. WHen you leave your apartment you COULD be struck by lightning or be eaten by a marauding lion...but you WON'T.
It is standard practice to use the security deposit as the last month's rent and any consequences of doing so do not even rise to the level of Uraban Legend.
If anyone has been sued for doing so, post now.
Remember too, someone could sue you for ANYTHING you do. All that is required is filing with the court and usually hiring a lawyer. But landlords are savvy enough to know that wasting money on a frivolous claim of imagined damages because a tenant used his security deposit for rent is a dead end waste of money for them. After all, they COULD legally sue a tenant who is a week late with his rent or plays his TV too loud at 10:15...but they DON'T becasue they cannot win.
A more likely occurrence is that a tenant does NOT use up his security deposit as rent and the landlord just manufactures a list of fake damages and KEEPS the money. Then if you want what you are entitled to YOU must waste the time and energy to sue in court and prove he is a liar.
Any tenant who loses his security deposit like this is a complete FOOL. Those advising of the necessity of "trusting the landlord" are most likely...LANDLORDS.
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