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Posted by JJ on March 14, 2000 at 11:46:50:

In Reply to: Landlord won't give back my money posted by rich on March 13, 2000 at 23:38:18:

: I moved out of my apartment and my landlord owes me last month's rent and security deposit with both totalling $2000. He says he'll only give back $500. His explanation is the following:

'last month's rent' is just another way to say for security deposit. you paid two months security.

: 1. he'll keep last month's rent because i did not notify him within 60 days of lease termination( it was 30 days). He still found a tenant on time. I even helped him close the deal by selling my furniture very cheaply.

it's 30 days unless your written lease says more. in the RPL somewhere. search here on 'notice', '30-day notice', for a better explanation. also: read thethe Tenants' Rights Guides in the NY Tenant section from Home.

: 2. he'll keep $500 of security deposit because he had to touch up some spots which I don't think were $500 worth of damages.

hope you took pictures! you'll have to sue him in Small Claims court for this, you can sue there for the deposit too. read about Small Claims in the Housing Court section, off the Home Page.

: The apartment was subleased, in Brooklyn NY, 45 unit coop building. If anyone can comment on whether point 1 is legal and how I'd go about checking point 2, I'd appreaciate it.

that'd good news: he's an amateur landlord, you'll be more or less even in Small Claims where lawyers are optional.

: thanks,

: rich

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Comments:
: : I moved out of my apartment and my landlord owes me last month's rent and security deposit with both totalling $2000.  He says he'll only give back $500.  His explanation is the following:

: 'last month's rent' is just another way to say for security deposit.  you paid two months security.

: 
: : 1. he'll keep last  month's rent because i did not notify him within 60 days of lease termination( it was 30 days).  He still found a tenant on time.  I even helped him close the deal by selling my furniture very cheaply.

: it's 30 days unless your written lease says more.  in the RPL somewhere.  search here on 'notice', '30-day notice', for a better explanation.  also: read thethe Tenants' Rights Guides in the NY Tenant section from Home.

: 
: : 2. he'll keep $500 of security deposit because he had to touch up some spots which I don't think were $500 worth of damages.

: hope you took pictures!  you'll have to sue him in Small Claims court for this, you can sue there for the deposit too.  read about Small Claims in the Housing Court section, off the Home Page.

: 
: : The apartment was subleased, in Brooklyn NY, 45 unit coop building.  If anyone can comment on whether point 1 is legal and how I'd go about checking point 2, I'd appreaciate it.

: that'd good news: he's an amateur landlord, you'll be more or less even in Small Claims where lawyers are optional.

: : thanks,

: : rich


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