Security Return Law for NY Month to Month Lease

[dkny]

What is the name of your state? New York

i need advice on laws for ending a month to month lease, i.e. how much notice is needed and would the time period notice wave my rights to full amount , and the requirements of being refunded my full amount of security deposit. any help is greatly appreciated!

 

[FarmerJ]

If you rent month to month you are entitled to one months notice for any kind of change to current rental agreement wether it is a change in amount of rent , voluntary moving or eviction , as far as re your damage deposit take the time to read through postings for the last 30 days on this board . You will see enough there to figure it out .

 

[mobopp]

In NYC its 30 day written notice, and the days start counting when the next rental period starts.

So if you gave a 30 day notice today, and your rent is due April 1st, you must be out by April 30th,and you are liable for the rent till April 30th too.

And the landlord has one rental period to refund your deposit, it must be postmarked by May 31st, or the landlord is entitled to ZERO!

 

[dkny]

I am the tenant ...

And I'm the one trying to collect my security deposit back. I gave my landlord a week less than 30 days notice of my moving out based on a month-to-month lease, paid my last months rent, and even vacted the premises 15 days early ... leaving the apartment in great order. Cleaned and all and I even took pictures. He never once told me he was going to hold any of the security for damages up to this date, and this happened in November, 2002. I've taken all necessary actions up to this point with the NY Atorney General's Office, which contacted him. He contacted me yesterday and said that the LAW was, I waved my rights to collect the full amount of my security, which was one and one half months rent, and I'm only entitled to half of one months rent, plus some interest, because I gave him one week less than 30 days notice that I was leaving. I need to know if this is a law at all, and if I have enough to bring this to Small Claims Court. Any and all information is appreciated.

dkny

 

[mobopp]

did the landlord send you anything in writing by dec 31st?

if not the landlord is entitiled to ZERO....

sue the basstard, TODAY in small claims and get all of your money back

You are claiming BAD FAITH on the landlords part, and a judge might also penalize the landlord by making him pay you even more then you are owed.

Glad you took pictures, did he rerent the place on dec 1st?

 

[dkny]

Nothing ...

I never got any letters, no itemized list of deductions by Dec 15th. I rented by the 15th of every month, vs. 1st of every month.

So I'm possibly entitled to more than my security? That's great! He thinks because I'm young, that he's going to intimidate me and I'm going to just agree to his lously offer!

Thanks so much for all your help! How do you know all this? Is there some way I can be better informed of my rights as a renter in NY?

 

[dkny]

Oh ...

and he said he rented the place by January 2003. And I was promised by him and his wife that they would give me that money to refund my security, which is against the law. But when I brought that up to him yesterday on the phone ... he tells me that he used that security from his new tenant to pay for his mortgage! Now I know that's a big NO NO!

 

[mobopp]

You got that right.......

why not go to small claims court and start the paperwork, its not that bad.

Just be accurate of the dates, and bring reciepts rent security depost any leases, to court and the pictures.

But you are claiming the landlord in bad faith refused to return your security deposit by Decemebr 15th, 30 days after you vacated.

And you are seeking its full return plus interest, and any penalities the court wishes to impose on the landlord.

I live in queens.

 

[dkny]

So my next step is ...

To contact Small Claims Court myself? I don't have to contact the Atorney General's Office again?

I have a nice file of everything supporting my case going here and it's only getting bigger. ) I just have to develop the pictures and I'm set.

Now, lets just say that I did go to court and won my settlement, and still I don't receive my money ... what would happen next? That is if you happen to know?

Have you gone through this yourself? Thanks for all the helpful information! I feel so much better now.

I'm in Staten Island.

 

[mobopp]

Yes it has to be done in the county where the property is located, so SI .It should be a part of the civil court, 927 caselton ave.

The maximum you can file for is $3000, i think. and its a small fee like $35 .

then fill out the paperwork and then you have to, serve the landlord preferably in person...actually YOU cant but you can have a friend hand the summons to the landlord. Then mail a copy regular mail with a certifiecate of mailing 75 cents from the Post office, and then send one certified return reciept $4...that should cover you.

Just make sure you have everything organized just in case. The judge could just ask the landlord did you return the deposit in 30 days, the landlord says no. Case over you won.

What if the landlord doesnt pay, then you get a sherriff to seize his property or put a lein on his house so he cant sell it, all the time it collects interest at 9% which you will get eventually, or maybe attach his paycheck

 

[mobopp]

All you ever wanted to know about small claims court...

cut and paste the link..without the on both sides [url]http://www.tenant.net/Court/Howcourt/sclaim.html

 

[dkny]

That's great!

I also just looked up the info for small claims court. Shouldn't be too difficult. So I have to have someone serve him the summons in person? I can't mail it then? I guess I can have a family member do that.

That would be great if it's that short and sweet, and as long as I get back what I gave him ... that'll make my day. It's just amazing how landlords and people think they can just rob you and get away with it.

 

[mobopp]

You need to mail it as well as serve it in person.

The law is a party to the action, ( name on the summons) cannot legally serve the other person.

But you can be there and point out to your friend or process server who the landlord is.