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I am renting an apartment on Long Island (Suffolk County) in a private home under a month-to-month lease but have to relocate to a new place (same location). My move-in date into my new apartment is 01Nov13. Due to extenuating circumstances I would feel more comfortable giving my current landlord the required 30-day notice on the day I move out, which is 30Oct13, being fully aware that I have to pay November's rent twice, for the old as well as the new apartment. Are there any negative repercussions I should be aware of? Provided I leave the apartment in excellent condition, can the landlord keep my security deposit anyway as a way of "punishing" me for notifying him of my intent to vacate the apartment on the day I leave? Or in short, can the security deposit be used for anything other than repairs and/or unpaid rent? Thank you for your feedback.
I am renting an apartment on Long Island (Suffolk County) in a private home under a month-to-month lease but have to relocate to a new place (same location). My move-in date into my new apartment is 01Nov13. Due to extenuating circumstances I would feel more comfortable giving my current landlord the required 30-day notice on the day I move out, which is 30Oct13, being fully aware that I have to pay November's rent twice, for the old as well as the new apartment. Are there any negative repercussions I should be aware of? Provided I leave the apartment in excellent condition, can the landlord keep my security deposit anyway as a way of "punishing" me for notifying him of my intent to vacate the apartment on the day I leave? Or in short, can the security deposit be used for anything other than repairs and/or unpaid rent? Thank you for your feedback.
Nothing wrong with what you are planning to do as long as it does not conflict with your rental contract. Check it to make sure. While 30 day notice is the most common required by state laws, some leases add a requirement for additional time to that.
and familiarize yourself with the requirements the landlord must adhere to regarding the return of your security deposit. If the landlord does not follow those requirements exactly he looses all rights to your deposit.
Some leases also restrict move outs over the holiday/winter months. It is much harder to re-rent an apartment/house over Thanksgiving/Christmas than any other time. So double check your lease for anything like that. However, if I were your landlord, and you were going to pay rent for November, but move out on the 1st, as long as I was able to start showing it immediately, I'd be thrilled. In fact, I'd probably even be able to get it rented before November 30th and be able to give you some November rent back.
The only other thing I can think of to make sure of is what to do with the utilities. You'll probably want to keep them on until either November 30th or a new person moves in, whichever is first. You'd hate to turn off the heat and freeze the pipes, and then have to pay for the damage that causes.
I see no problem at all with what you are planning to do. When you give the written 30 day notice, you could include something about if they are able to rent the place before the end of the month, please return any overpaid rent to me. Be sure and give your forwarding address, so they can't claim they couldn't send your security deposit refund to you. You will need some proof of delivery of the 30 day notice. Personally, I think emails are good enough, if that's how you've been communicating. But, to be safe, you may want to send it certified, return receipt.
I always run concurrent leases/mortgages for at least a week when I move. It gives me plenty of time to move in and clean the old place. I pay for both places at the same time, as you're doing, and the landlord doesn't know or care that I'm sleeping somewhere else.
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