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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?
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?
Not sure about you, but I don't remember a 22 day month?
A month's notice means at least 30 days.
If there is no written contract, you automatically fall under month-to-month status. This means you do indeed need to give him a full month's notice before you leave. You gave him essentially three weeks, which means you are going to owe him for that extra week he should have gotten.
Yep. Pro-rate the 9 days in Feburary. He can't keep the whole security deposit.
In my state, if the deducted (with a list of deductions for damages, etc) security deposit isn't refunded in 21 days from the date of moving out, it is due in full with no deductions. If it still isn't refunded after sending in notice and a little additional waiting period, then you can go after the landlord for triple the amount of the deposit.
i have payed the one month rental deposits.Is it different from security and damage deposits?
You should really create a new thread when you want to ask your own questions.
No, it's not the same.
The "month rental deposit" is either first month's rent, last month, or both, depending on what was agreed upon. It is applied to the month in which you and your landlord agreed on.
The security deposit is applied to all damages you caused after you move out. This is separate from rent.
i have payed the one month rental deposits.Is it different from security and damage deposits?
What does your lease agreement say? If you paid more than one month's rent you need to know what any additional money you have paid is for. If you don't have a lease agreement (which is not a good situation to be in) then you should ask your landlord for a written receipt saying how much you've paid and what it's for.
Quote:
Originally Posted by VinoRepublic
The security deposit is applied to all damages you caused after you move out. This is separate from rent.
The security deposit is to cover any damages which a tenant makes to the unit while they're living in it, which is why it's always a good idea to take photographs of the place when you move in and photographs when you move out in case there's any question about damages. Within a certain time period after you vacate the unit (state laws vary but it's usually 30 days)) the landlord is required by law to return to you your security deposit less any documented deductions for repair of damages. In some states the security deposit can also be used to cover unpaid utility bills and any balance due on rental payments.
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