Rental deposit return problems

[hrhweezie]

What is the name of your state (only U.S. law)? NY

I signed a lease for my apartment in November 2004 with a 1 month deposit of $1850. it expired November 30, 2005. My landlord never asked to re-new the lease. So i have been living there since. In May 2008, she contacted me and told me that she had to sell the place because she needed money. After a few weeks of the real estate agent just showing up with potential buyers without notice - I got fed up and decided to find a new place.

On June 13th - I sent written email 30-day notice that I was moving out July 14th. She never said anything about disagreeing with it. We kept in contact during that period because the place was still being shown. I didn't pay July's rent because I planned to use half of the deposit for it and have the other half returned. I moved out on the 14th and sent her the keys (she never even asked about collecting them).

I waited a few weeks and then last week emailed her asking about my deposit. I tried 4 times and finally she got back to me on Monday saying that I was owed nothing. I wrote back politely that she owed me for 15-31 July. Then she comes back with a reply that she doesn't rent by half-months - first time that I am hearing this. I would think she should have mentioned that to me when I gave notice.

So I talked to a few people and want to pursue this through small claims court. I'm just looking for thoughts from people who might be in the know if I have a shot at reclaiming money that I feel is mine?

As a side note - one other tenant in the building mentioned that the previous tenant in my apartment also had issues getting their deposit back - I'm trying to find out more information. I think the only reason that they did get paid was because they eventually bought in the building (it's a co-op)

Thanks for reading/replying and listening to me vent!

 

[hrhweezie]

thanks for the information. Since I didn't have a valid lease - there are no period terms that I am aware of, but i will investigate.

I have pictures from the apartment a few days before I moved out so I am not worried about her trying to claim that I did any damage. The apartment was in very good condition.

 

[FarmerJ]

HR most leases when they expire if the lease says nothing about additional terms then state law for month to month renters applies, SO what you want to do is review your states statutes and learn if they specify that when no fixed term lease is present if month to month renting means that either party in the rental arrangement can give a whole rental period as notice for a change OR if it just says 30 days , this is the key BUT if your old lease said it would convert to a month to month rental and it said spelled out how much notice was to be when a tenant wanted to move out. IF the lease listed whole rental period then this is what your former LL is going by.

 

[hrhweezie]

HR most leases when they expire if the lease says nothing about additional terms then state law for month to month renters applies, SO what you want to do is review your states statutes and learn if they specify that when no fixed term lease is present if month to month renting means that either party in the rental arrangement can give a whole rental period as notice for a change OR if it just says 30 days , this is the key BUT if your old lease said it would convert to a month to month rental and it said spelled out how much notice was to be when a tenant wanted to move out. IF the lease listed whole rental period then this is what your former LL is going by.

Thanks - there is nothing in the old lease about expiring lease or month-to-month. My state law and tenants guide from the AG says nothing about the tenant ending a month-to-month, only when the LL does which is why I am soooo confused. this is all that's in the NYC guidelines:

Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)


In New York City, the landlord must serve the tenant with a written termination giving 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. (Real Property Law § 232-a)

 

[FarmerJ]

Unless a lease is worded saying that at the end of it the tenant is expected to vacate there normally is SOME kind of wording to show that it will become a month to month rental. Since your in NY state where rental housing laws are _ _ _ _ ( your pick of word) I would suggest you use the links up top and arrange a consultation with a Atty who can review the lease with you to make sure you have not missed anything. I cannot imagine any LL in your state having a written lease that would be vague as to what was expected at the end of the lease when a tenant was going to stay on BUT not have a written renewal or whole new lease.

 

[hrhweezie]

thanks - i'll consult with an attorney. my old lease actually was very basic at 1 page with only a few clauses on it. My LL's attiude was very casual. She even had me depositing my rent checks into her bank account because she couldn't be bothered. up until she decided to sell - I had only spoken to her twice in 3 years.

 

[hrhweezie]

I guess I must be dense because I don't see anything in that code that says a month is from the 1st - 30th or 31st. Why can't a month end on any day? If I gave 1 months notice - why isn't the month period of my notice (June 13- July 14th) consitute a 'month'? If it was never specificed that a month is from the 1st - 30th - i don't see why i can't get back my money.

 

[Zigner]

Agreed...
It's for the rental period (ie: If you pay rent on the 14th, then it's for the 14th to the 14th)