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So I was relocating from NYC to the Bronx. I was renting a 1 bedroom apartment, which I had rented for 1 year with a lease ending June 30th. I asked the Landlord if I could stay in the apartment an extra month and a week (until August 7). His response was that I would have to pay rent for July (month-to-month) and he would be keeping the entire deposit (a full month's rent) for the month of August if I did so. The full month of July made sense, however, the full deposit for August seemed ridiculous to me, therefore, I left a message with his agent, stating that I would be out by the 1st of the month (a Saturday), and stay with a friend, to avoid losing my deposit.
Unfortunately, the moving company that was shipping my belongings, did not have an availability until Monday morning (the 3rd). As a result, I was able to put my belongings on the truck, clean the apartment, and return the keys to the building Super by August 3rd.
The Landlord is now stating that he will not return any more than half of my deposit, because he claims that he missed out on rent as a result of my being in the apartment past August 1, which was a Saturday, and thus not a business day.
Quick note on the building: It is a 6 story building with approximately 8 apartments per floor. And the landlord never provided any information about the account the deposit was put in, nor the interest return that it built.
My question is can the Landlord keep half of the deposit, if the apartment was kept in good condition? I understand if he prorates it by those three days, however, keeping half seems a bit excessive.
That's a landlord for you, he should have prorated the three days from the deposit. Then again he might
say that something was wrong with the apt. Did you take pictures? He sounds like a crook..😎..and might
be testing the water's to see how far he can go. Tell him your going to small claims court for your deposit.
And see what happens good luck...😉.
Be happy he isn't charging you a full months rent. When you need to be out by Aug, that means July 31st not Aug 1st. And you didn't leave until Aug 3rd.
Be happy he isn't charging you a full months rent. When you need to be out by Aug, that means July 31st not Aug 1st. And you didn't leave until Aug 3rd.
I agree. Although, if the OP is paying half a month's rent, then the OP should have demanded to have access to the apartment for half of August.
There is no other party. He made no effort to rent out the apartment. I made it clear he was open to show it, however there was no effort made. He originally claimed I was there until August 7, via his rental management company. However, when they checked with the super he realized he was wrong.
Be happy he isn't charging you a full months rent. When you need to be out by Aug, that means July 31st not Aug 1st. And you didn't leave until Aug 3rd.
The company made no effort to rent out the apartment. Procedure in that building is to prepare the apartment, via paint and inspection before renting it out. However, no effort was made by the management company to get either done, nor was a walk through performed. Instead, I was simply sent the next bill for the month of August, as if it was expected that I would be staying, regardless of notification to the contrary.
There is no other party. He made no effort to rent out the apartment. I made it clear he was open to show it, however there was no effort made. He originally claimed I was there until August 7, via his rental management company. However, when they checked with the super he realized he was wrong.
You don't know that. For all we know, someone could have called on August 1 and asked if the apartment was ready to move in now and he had to turn them down because you were still there and had not returned the keys. I'm not saying that this did, in fact, happen, but just that you seem to rule it out without much evidence to support doing so.
OP, the reason why the LL did not pro-rate August rent is because all leases start on the first of the month. Its very rare to rent the apartment in the middle of the month as people usually looking for places to live have leases ending at the end of the month with the 1st of the month being the move in date at the new place.
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