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  1. #1

    Default Security Deposit for 1st of Month Move Out

    My question involves landlord-tenant law in the State of: New York

    Hi There,

    I had a verbal agreement with my landlord that I was moving out 1st of month as my new apartment was not able to be moved into until the 1st of the month. I called two days before left a message restating I would be moving 1st.

    I moved out the 1st and came back on the morning of the 2nd to do a clean through and dropped the keys at the agent office. My landlord is now claiming that I needed to be out the 31st and he considers the apartment mine until the end of the month and refusing to give me my security deposit back. Do I have grounds to sue? I have no keys so I cannot see how the apartment is rented to me to the end of the month.

    Thanks for your help

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: Security Deposit for 1st of Month Move Out

    According to the tenants rights guide, assuming you were a month-to-month tenant,
    Quote Quoting Month-to-Month Tenants
    Tenants who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants. In localities without rent regulation, 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.

    A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.

    The termination notice need not specify why the landlord seeks possession of the apartment, only that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. Real Property Law § 232-a and § 232-b.
    I'm not sure if you're stating that you gave proper notice, as described above. But even if your landlord said "Okay" when you said, "I'm moving out on the first", that doesn't of itself mean that he's waiving any otherwise valid claim to rent - of itself, it just means that he acknowledged your move-out date.

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