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Old 01-31-2008, 10:02 AM
RR1 RR1 started this thread
 
3 posts, read 13,611 times
Reputation: 12

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I have been renting a room as a paying guest in a 5 bedroom apartment in Woodhaven, NY. It is a shared accommodation and landlord also lives in the same house. I haven't signed any lease with the landlord. However, I had paid $900/- as a security deposit which is supposed to be refunded at the time of vacating the apartment. I have a letter from the landlord which mentions the same. The only requirement from the landlord was that I give him a month's notice before vacating.
I'm scheduled to vacate the apartment at the end of this month which I informed my landlord on 9th of January. At which time he said I would not get my security deposit back as I did not tell him on the 1st of January. He had never mentioned that the notice should be given on the 1st of the month if I wish to vacate at the end of that month. He always mentioned that a months notice is sufficient.
Because I don't have a written lease, what are my options of getting my security deposit back?
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Old 01-31-2008, 10:30 AM
 
Location: Chittenden County, VT
510 posts, read 2,243,581 times
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You really are not leaving the landlord with much time to rent the apartment which is probably why he is being difficult about it. Even one month notice barely gives him time to come in and take pictures of the apartment, list it, show it, and sign the papers with a new tenant. That extra 9 days cuts into his time to get this all taken care of. In fact, I have always had to give my landlords 60 days notice which I thought was the standard.

The only thing I can think is maybe you can offer to stay until the end of February.
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Old 01-31-2008, 10:48 AM
KB4
 
Location: New York
1,032 posts, read 1,639,693 times
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The way I understand it, a month's notice means that you inform the landlord one month before you plan to leave, not 20 days before.
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Old 01-31-2008, 11:58 AM
RR1 RR1 started this thread
 
3 posts, read 13,611 times
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I'm ok with landlord deducting the rent till 9th of Feb. That makes it a months notice. He cannot take away all the security deposit from me.
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Old 01-31-2008, 01:09 PM
 
Location: PA
13 posts, read 41,763 times
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Legally with no lease, it seems like you have a chance to obtain your deposit back, regardless if it wasn't a full 30 days. Why would a landlord collect a security deposit if he wasn't going to give you a legal lease?
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Old 01-31-2008, 01:19 PM
 
Location: Chittenden County, VT
510 posts, read 2,243,581 times
Reputation: 292
Quote:
Originally Posted by RR1 View Post
I'm ok with landlord deducting the rent till 9th of Feb. That makes it a months notice. He cannot take away all the security deposit from me.
Yes, but since leases generally begin and end on the last day or first day of the month this would most likely cause issues for the next tenant making it harder for the landlord to rent. I think you may be fighting an uphill battle on this.
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Old 01-31-2008, 03:58 PM
 
Location: Bronx, NY
2,806 posts, read 16,366,719 times
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I would just work something out with the guy in order to get the money back. As long as he isn't a complete jerk he'd probably be willing to make some type of arrangement.

Just don't expect to get 100% of your money back. You screwed this guy out of 1/3 of the month that you were supposed to give him as notice. So now basically he's trying to *********.

If I were you I'd just try to work something out.
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Old 08-18-2011, 05:24 PM
 
2 posts, read 4,071 times
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me and my fiance just found an apartment we just got aproved we ben triying to have people help us pay for our first month security wich is 3000 dollers
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Old 08-18-2011, 05:30 PM
 
2,848 posts, read 7,578,567 times
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Security deposit = used as last month's rent = no problems
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Old 08-18-2011, 05:32 PM
 
1,228 posts, read 1,928,036 times
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Quote:
Originally Posted by ladyspongebobs View Post
me and my fiance just found an apartment we just got aproved we ben triying to have people help us pay for our first month security wich is 3000 dollers
if you need others to help you with a security sounds like you cant afford the place to begin with.
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