On Nov. 9, my landlord told me I have to leave at the end of the month, if I want to receive my Security Deposit back. She has already served me, but if I leave at the end of Dec. I won't get my Security. Is that true?
2006-11-20 02:29:50 · 9 answers · asked by JayLynJay 1 in Business & Finance ➔ Renting & Real Estate
She seems to want you out because she already has another renter ready to take your place.
Usually you get minimum 30 days, she can't make you get out before that. Nov 9, you get at least to the Dec 9th
She can't keep the money for that reason, those money were for the following:
Any charge specified in the apartment lease agreement or any charge resulting from your breaking the lease. You didn't break the lease, she kicked you out.
Charges for damages, wear and tear resulting from negligence, carelessness, accident or abuse on your part. "Normal wear and tear" items cannot be deducted. Did you!
Unpaid rent and other unpaid charges listed in your apartment lease, such as those for late rent payment, returned checks, missing furniture or fixtures, keys you don't return to the apartment manager, etc.
The reasonable cost of cleaning if you fail to properly clean your apartment before you leave. Many rental properties have written cleaning instructions for you to follow.
If not, you still have a leg to stand on, and depending on your contract with them, you can still negotiate until the end of Dec.
If she has someone already lined up to take your place, that can be good for you. You can use it to get extra money from her, because if you don't leave by that time, she will lose her new tenant. Check the laws in your area, before you do anything, but it seems the ball is in your court.
You are not giving enough infor, to give you a fair answer, hope that help with the little infos in your question.
One more thing. Before you give the keys up. Take pictures of the whole place, and make sure you have the walk through with her, to make sure that she will not be able later on, to keep the money because of how you left the place. Take picture. As they say picture tells a thousand words. protect yourself, so you can get your money back.
Good Luck
2006-11-20 02:43:38 · answer #1 · answered by Genevieve 4 · 4⤊ 0⤋
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2016-07-20 11:12:52 · answer #2 · answered by Betty 3 · 0⤊ 0⤋
If you do decide to stay till the end of Dec., you'd have to pay for Decembers rent. NY does not allow you to use your security deposit for the last month of rent. Security deposits are in place to cover potential damages to the apartment and are usually returned to the tenant 30 days after vacating premises.
2006-11-22 06:17:47 · answer #3 · answered by LILL 7 · 0⤊ 0⤋
Talk to your landlord. They may be able to help. Otherwise you might have to go to court and file for eviction. Let him know if he leaves now, you won't charge him rent. If he chooses to stay, tell him what the cost of his share of the rent is and split the bills. You may have allowed him to be a freeloader too long. He may leave, choosing not to pay rent, plus for you. But like I said, talk to the landlord. Since he's not on the lease they may be able to oust him.
2016-05-21 22:15:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The problem with answering some of these questions is that ultimately some facts are left out of the question so since you know all the facts here is the links that you will need to go to and research all the answers to your questions;
STATE’S WEB SITE: http://www.state.ny.us/
LANDLORD TENANT ACT MANUALS:
http://www.consumer.state.ny.us/clahm/clahm-landlords.htm
Consumer Law Help manuals: http://www.consumer.state.ny.us./clahm/start.htm
You might want to go to this link and do some research on pamphlets and brochures available on the subject.
NY Attorney General and other research for other states offices
http://www.oag.state.ny.us/links/links.html
Buena Suerte
2006-11-20 02:49:50 · answer #5 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Ask the chamber of commerce service advisor. There is
such a paper as a directors clause. If you only need several
days, a week, or some extension that she will allow, they could
send her a supporting payment, or you may get some refunds.
2006-11-20 14:43:56 · answer #6 · answered by mtvtoni 6 · 0⤊ 0⤋
Typically month to month tenants are entitled to 30 day notice. WHat has she "served" you with?
2006-11-20 05:45:25 · answer #7 · answered by kingstubborn 6 · 0⤊ 0⤋
I would check local laws. I think you have longer than you were given to vacate. Check your lease too.
2006-11-20 02:32:11 · answer #8 · answered by Jeep Driver 5 · 0⤊ 1⤋
True. She gave you a deadline, and if you go beyond that deadline your security deposit is gone.
2006-11-20 02:32:00 · answer #9 · answered by FaZizzle 7 · 0⤊ 2⤋