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  1. #1
    Join Date
    Feb 2010
    Posts
    3

    Default Witholding Security Deposit for Not Giving 30-Days Notice

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

    Dear Experts,
    I have just wrapped up a 1-year fixed term lease on a rental apt in Brooklyn, NY ending Jan. 31, 2010. I notified my landlord I was not renewing on Jan. 18, 2010 (12 days before moving out).

    LL is refusing to return security deposit claiming I did not give enough notice.

    In the lease, there is no mention of auto-renewal upon completion of initial terms. In a one page addendum, there is a provision that states tenant must give 30-days notice. But the addendum does not state whether it takes precedence over original lease.

    While I do admit some responsibility for not notifying earlier, I feel LL is also partly to blame, since this was a one-yr lease w/ no auto-renewal. I feel he should have known our move-out date and should have approached to ask if we were renewing.

    Is he right in withholding our security deposit?

    Confused and back to eating P,B & J this month,
    Arthur

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Witholding Security Deposit for Not Giving 30-Days Notice

    I feel he should have known our move-out date and should have approached to ask if we were renewing.
    It's your responsibility to both know what your lease says and abide by its terms. If your lease says you need to give 30 days notice prior to the end of the lease term to confirm that you're not renewing, then you need to give that notice timely.

    That said, no, your landlord may not retain the security deposit simply because you didn't give enough notice. He may deduct for damages, but outside of that, must return the deposit.

    See page 9 of this document.

    You can sue him in small claims for the return of the deposit.

  3. #3
    Join Date
    Feb 2010
    Posts
    3

    Default Re: Witholding Security Deposit for Not Giving 30-Days Notice

    Seems like he is withholding security deposit as a remedy for breach of contract. That is illegal no?

  4. #4
    Join Date
    Feb 2010
    Posts
    3

    Default Small Claims Suit Diminished by Insufficient Notice

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

    Hi there,
    I am considering suing my LL for return of security deposit in Brooklyn, NY but my situation is not as black & white as I hoped. Here are the details of my case:

    • 1-year fixed term lease specified an expiration date of Feb. 1 ,2010
    • Lease included an addendum that required tenant to give 30 days notice
    • Notice was given on Jan. 18, 2010
    • 3 certified written notices were sent, along with a mediation attempt by the NY Attorney General's office


    How strong is my case given the addendum clause and insufficient notice? Also, is it appropriate to sue for the whole deposit amount or the amount prorated for insufficient notice (deposit less 18 days rent).

    Thanks,
    Arthur

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Small Claims Suit Diminished by Insufficient Notice

    Unpaid rent may be properly withheld from a security deposit. If you in fact owed 12 additional days of rent, that's a proper deduction.

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