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Question regarding ending a lease

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isis297

Member
State: NY

Lease is coming to an end. New rental has been found with deposit paid.

Current rental was supposed to include a fenced in area for dogs - it was over grown, had planks, nails, etc. It was mentioned to the landlord who said it would be taken care of. It never was.

Was supposed to be able to park in driveway. Upstairs tenant would park in driveway, block driveway at the end, have sex in the car, and asked of drugs wanted to be purchased. Landlord talked to them. They said they needed to hide one of the cars or something so he said they had a month to park it at the bottom of the driveway. That was in April. The car is still there.

Door to the apartment is at the driveway so it has often been difficult to get to the door because of upstairs tenants parking in it.

Upstairs tenants dumped hot grease out their window which landed all over $200 patio furniture that was unsalvageable.

Upstairs tenants would bang on the floors all hours of the night literally making dogs and guests and tenant jump. All of this was brought to the landlord's attention with no resolution. Multiple emails have been sent asking the landlord to take care of all of this only to be ignored or told it would be taken care of. This has been the entire year of the lease, yet not once was rent not paid.

Moving out the end of this month. Rent hasn't been paid this month for the first time. There is worry the landlord will refuse to return the security deposit though the place has been taken care of and is clean. He hasn't upheld anything else including what was supposed to be included in the rental so there is hesitation to pay.

Mentioned this to assistant when she asked why the lease wasn't being renewed. She simply said they've been having trouble with those other tenants and that was it.

Now landlord texted that the new property manager called for a report, but he isn't calling until the current rent is paid.

Thoughts? Just don't want to get screwed. Can a message be sent saying rent will be paid, but pictures will be taken upon move out and want confirmation the security deposit will be paid out in full within 30 days?
 


Zigner

Senior Member, Non-Attorney
Thoughts? Just don't want to get screwed. Can a message be sent saying rent will be paid, but pictures will be taken upon move out and want confirmation the security deposit will be paid out in full within 30 days?
Of course such a message can be sent - I'm sure you're capable of it.
The landlord will need to follow the appropriate law and the lease (as applicable) with regard to the return of your security deposit.
 

quincy

Senior Member
State: NY

Lease is coming to an end. New rental has been found with deposit paid.

Current rental was supposed to include a fenced in area for dogs - it was over grown, had planks, nails, etc. It was mentioned to the landlord who said it would be taken care of. It never was.

Was supposed to be able to park in driveway. Upstairs tenant would park in driveway, block driveway at the end, have sex in the car, and asked of drugs wanted to be purchased. Landlord talked to them. They said they needed to hide one of the cars or something so he said they had a month to park it at the bottom of the driveway. That was in April. The car is still there.

Door to the apartment is at the driveway so it has often been difficult to get to the door because of upstairs tenants parking in it.

Upstairs tenants dumped hot grease out their window which landed all over $200 patio furniture that was unsalvageable.

Upstairs tenants would bang on the floors all hours of the night literally making dogs and guests and tenant jump. All of this was brought to the landlord's attention with no resolution. Multiple emails have been sent asking the landlord to take care of all of this only to be ignored or told it would be taken care of. This has been the entire year of the lease, yet not once was rent not paid.

Moving out the end of this month. Rent hasn't been paid this month for the first time. There is worry the landlord will refuse to return the security deposit though the place has been taken care of and is clean. He hasn't upheld anything else including what was supposed to be included in the rental so there is hesitation to pay.

Mentioned this to assistant when she asked why the lease wasn't being renewed. She simply said they've been having trouble with those other tenants and that was it.

Now landlord texted that the new property manager called for a report, but he isn't calling until the current rent is paid.

Thoughts? Just don't want to get screwed. Can a message be sent saying rent will be paid, but pictures will be taken upon move out and want confirmation the security deposit will be paid out in full within 30 days?
You would be in a better position to demand a return of your security deposit if your last month’s rent is paid on time.

Because you have had numerous problems with the rental and the previous landlord, however, you might have a good chance of recovery of security deposit funds should the matter wind up in court.

I think you were smart to line up a new rental in advance so the nonpayment/late payment of rent does not affect your ability to rent from someone else.
 

adjusterjack

Senior Member
Moving out the end of this month. Rent hasn't been paid this month for the first time. There is worry the landlord will refuse to return the security deposit though the place has been taken care of and is clean
Of course he will. He'll apply it to this month's rent if you don't pay it.
 

FarmerJ

Senior Member
You are still obligated to pay rent due even with a new landlord BUT you do want to take alot of pictures of units condition in the last few days living there and also make notes about conditions in the unit that were there when you moved in and then should the new landlord attempt to charge you for repairing damages that were present when you moved in you would have photos to help you with disputing amounts held since there is a chance the new landlord might not have pictures of the inside of the unit at the time of the sale. ( there is a chance the new landlord does have pictures BUT that new landlord still must follow your states damage deposit laws and if the LL is not fair with whats held then you will have to decide if you want to sue in small claims court ) at your next place before you move in take pictures of every thing from A to Z, the scratch on kitchen counter, the ding on the linoleum on floor in front of fridge, inside the fridge , inside the closets , cupboards, the door knob ding in the drywall in the bathroom , etc for your own records.
 

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