When I rented from my landlord, neither of us signed any contract or agreement. I moved out about three weeks later and gave about a week's notice. My landlord refuses to give me my security deposit back now because I didn't give notice. Can this be legal? New York state, by the way..
2006-10-31 13:38:07 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The problem is that you made a verbal agreement with your landlord. What was it? This would be very difficult to prove in court and probably isn't worth the effort.
Think of the lost money as tuition for the school of life. Next time, get it in writing. A lease(contract) is as much to protect yourself as the landlord.
2006-10-31 13:43:41 · answer #1 · answered by something 3 · 0⤊ 0⤋
Yes its legal. When you rent an apartment whether there's a written or verbal contract, you still must give a 30 day notice in writing. If you fail to do this, your landlord can take you to court b/c he is now losing money in rent b/c you left before you were supposed to.
You can try to take him to court but the odds are they will be in his favor and not yours. UNLESS the apartment was illegal. Like a basement or room apartment. Then you can sue your landlord for withholding your security. And if they find them withholding the security, they will grant you double.
But I doubt you can make it happen. You didn't give a 30 day notice no matter how long you were there. Written or verbal it doesn't matter.
2006-10-31 14:27:52 · answer #2 · answered by Rica 82 5 · 0⤊ 0⤋
Actually, in NYS, Security money is NOT to be used as rent.
Same applies in NJ. Security is SUPPOSED to be kept in a fiduciary interest-bearing account and is returnable to the tenant within 30 days of quitting the premises. The only deduction(s) that should be subtracted would be those for repairs for damages incurred, and not even "wear & tear".
In NJ, if security is not returned to the former tenant within 30 days, the court may award DOUBLE DAMAGES as a penalty to the landlord.
The landlord may try holding your security for the reason stated, but if you were to take them to court, and, if you had nothing in writing stipulating a 30 day notice, most probably would win.
Good Luck
2006-10-31 14:28:46 · answer #3 · answered by Len_NJ 3 · 1⤊ 0⤋
They can withhold a months rent, since any rental without a written contract, falls to state laws, you have to give a notice equal to your rental payment , monthly rent, requires a month notice
2006-10-31 13:42:14 · answer #4 · answered by Anonymous · 0⤊ 0⤋
no,because there isn't no contract or lease invovled you didn't have to give him a week notice it's just like living in an effceint where you share with other people every body pays weekly you need to call the legal aid department they will help you
2006-10-31 13:45:09 · answer #5 · answered by babygirl 1 · 0⤊ 0⤋
Your a month to month tenant and need to give 30 day notice. Your land lord can withhold prorated rent for the partial month.
2006-10-31 13:42:11 · answer #6 · answered by dwh320 2 · 0⤊ 0⤋
wow. since you didn't sign a contract you're **** out of luck. in court it would basically be your word against his and eventually be thrown out. when renting you should always sign a contract and make sure both you and the landlord have a copy
2006-10-31 13:41:22 · answer #7 · answered by JK 3 · 0⤊ 0⤋
nope. You need to write him/her a letter and DEMAND payment within 30 days of when you moved out or you will file a small claims case.
2006-10-31 13:41:12 · answer #8 · answered by daniswired 3 · 0⤊ 0⤋
I agree with dwh,,
30 days is generally the legal notice time, unless OTHERWISE specified.
2006-10-31 13:45:55 · answer #9 · answered by Anonymous · 0⤊ 0⤋
yes they can I am going through that right now because i am breaking my lease to move out of the place where i am living now
2006-10-31 13:42:26 · answer #10 · answered by Sandra C 4 · 0⤊ 0⤋