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I'm not worried about getting my security deposit back. He already said we're meeting tomorrow to give it back to me. And he can't deduct anything because when I asked when does he want to do a final walk-thru of the unit, he told me it was unnecessary because of how he saw how I took such great care of it (I even steam cleaned the carpet 2 months ago knowing I was moving soon).
The whole point of this is to get the 6 days rent back from him, because I paid him for it, and he charged the new tenant for it as well. Why should he be collecting 2 weeks of rent for 1 week?? I deserve it, not him.
But you intended to pay it anyway, and you are already living somewhere else. It's only become an issue because someone else also paid it.
What he did is most likely illegal. So check out the laws in your state and see what recourse you have and how you go about nailing him.
I suspect he has done this before, and I suspect he already knows what you'll find out - that the money you recover from him will be less than what you'd spend to get him, let alone your trouble. But I could be wrong, so definitely check it out.
But you need to remember that sometimes sleaze balls win, and it isn't always worth it to try to stop them. Life sucks that way sometimes.
I am tomorrow when I get my security from him. I'm going to ask him if he is charging the new tenant for the 6 days this wee, even tho the new tenant already told me that the landlord did in fact charge her.
The landlord should have waited, but may have given away the six days to the new tenant as a gesture of goodwill. If he gave it away, there is no double dipping. maybe the tenant is just moving stuff in, not staying there right away.
Even though you have keys, if you told the landlord you have vacated, he can change the locks. Are you still paying utilities? That is another possession thing.
But you intended to pay it anyway, and you are already living somewhere else. It's only become an issue because someone else also paid it.
What he did is most likely illegal. So check out the laws in your state and see what recourse you have and how you go about nailing him.
I suspect he has done this before, and I suspect he already knows what you'll find out - that the money you recover from him will be less than what you'd spend to get him, let alone your trouble. But I could be wrong, so definitely check it out.
But you need to remember that sometimes sleaze balls win, and it isn't always worth it to try to stop them. Life sucks that way sometimes.
It becomes an issue when he is being unethical in this. The place is still mine. I have a lease until July 31. I still have the keys to the place. It's not his business where I'm living. If I want to go back there right now and move my furniture back in for the next few days, I should be 100% free too.
Sleazeballs don't win over me in life. Especially when I'm legally in the right. What would he do if I decide to go over there right now and enter the apartment and decide to sleep on the floor tonight? Obviously the new tenant would be furious, and he wouldn't want that; so it'll be in his best interest to pay me what the new tenant paid him for the 6 days. I would encourage the new tenant to get the police involved so this can be reported... and to my knowledge, NYC has very, very friendly tenant laws.
The landlord should have waited, but may have given away the six days to the new tenant as a gesture of goodwill. If he gave it away, there is no double dipping. maybe the tenant is just moving stuff in, not staying there right away.
Even though you have keys, if you told the landlord you have vacated, he can change the locks. Are you still paying utilities? That is another possession thing.
The landlord is double dipping. I spoke to the new tenant today when I went over there and the new tenant did in fact tell me that the landlord did charge her for these last 6 days. And yes, I never removed the utilities from my name either.
It becomes an issue when he is being unethical in this. The place is still mine. I have a lease until July 31. I still have the keys to the place. It's not his business where I'm living. If I want to go back there right now and move my furniture back in for the next few days, I should be 100% free too.
Sleazeballs don't win over me in life. Especially when I'm legally in the right. What would he do if I decide to go over there right now and enter the apartment and decide to sleep on the floor tonight? Obviously the new tenant would be furious, and he wouldn't want that; so it'll be in his best interest to pay me what the new tenant paid him for the 6 days. I would encourage the new tenant to get the police involved so this can be reported... and to my knowledge, NYC has very, very friendly tenant laws.
Police don't get involved. Landlords who violate Landlord/Tenant Code, reported to the Attorney Generals office.
So my question is this to everyone... What would you do, and what exactly are my options?
I would go to the meeting and keep my big fat angry trap shut! I would be nice, friendly and non confrontational. I would gracefully accept the return of the security deposit. I would smile and put the security deposit into my pocket. I would hand the landlord my forwarding address and say that's where they can send the refund of the 6 days the new tenant has been residing in the unit. That's it, that's all. If they act surprise or ask what do you mean, I would simply say " my lease runs until July XX and I am paid up until July XX. A new paying tenant has moved in on July YY. As you know, under the law, I am owed a refund of the prorated rent for Z days." End of conversation.
If you come off strong and try to play the bad arse, all in your face, nutcase, you may find the landlord simply refuses to return your security deposit at this time because they need to go back and recompute the amount owed with those extra days added into it. They may wait until the last legal time period to make the refund, if you come off as some inquisitor from the inquisition.
But, I really have to ask, you are acting surprise that the landlord had someone moved in when you are the legal tenant, yet you don;t seem surprised they are returning your security deposit BEFORE the lease termination date. Seems a landlord aimed at screwing you would wait to the last minute to return the deposit. Could it be that they scheduled the return before the lease was even up because they are under some impression that you notified them you would be vacating around this time? I mean, what would prompt a landlord to schedule a meeting to return the security deposit BEFORE the lease actually ended unless they are working on the assumption you had an earlier vacate date. I guess that just doesn't seem like a logical landlord action except if the tenant stated they would be out earlier.
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