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Posted by VRC on March 30, 2000 at 13:45:48:

I signed a standard rent stabilized lease for two years dated Feb 1, 2000 and have found my apartment to be awful at best. I paid two months security deposit and already know in the short time I've been here that my landlord is not the type to return a deposit. I plan to give 60 days notice and apply the deposit to my rent. Is this okay? I got burned by a landlord two years ago and am still trying to collect a judgement on a security deposit owed to me--the judge even admonished me by saying that "nobody in NYC pays their last months rent--they apply their deposit!" (even though that particular lease stated I had to pay rent & my deposit would be returned). As such, I don't want to go through that headache all over again. There is no clause in my current lease that refers to a tenant terminating a lease. In case my landlord says I am supposed to pay rent even though I'm moving out, am I obligated by law to pay rent and wait for the deposit which I know will not be returned? Thank you for you help!

Follow Ups:

• Re: Early termination of standard rent stabilized lease? EGH 03/30/00 (5)
  • Re: Early termination of standard rent stabilized lease? VRC 03/30/00 (4)
    • Re: Early termination of lease? plus OVERCHARGE? Anna 03/31/00 (0)
    • Re: Early termination of standard rent stabilized lease? Mark Smith 03/31/00 (2)
      • Re: Early termination of standard rent stabilized lease? VRC 03/31/00 (1)
        • Re: Early termination lease? previous landlord's property Anna 03/31/00 (0)

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: I signed a standard rent stabilized lease for two years dated Feb 1, 2000 and have found my apartment to be awful at best.  I paid two months security deposit and already know in the short time I've been here that my landlord is not the type to return a deposit.  I plan to give 60 days notice and apply the deposit to my rent.  Is this okay?  I got burned by a landlord two years ago and am still trying to collect a judgement on a security deposit owed to me--the judge even admonished me by saying that "nobody in NYC pays their last months rent--they apply their deposit!" (even though that particular lease stated I had to pay rent & my deposit would be returned).  As such, I don't want to go through that headache all over again.  There is no clause in my current lease that refers to a tenant terminating a lease.  In case my landlord says I am supposed to pay rent even though I'm moving out, am I obligated by law to pay rent and wait for the deposit which I know will not be returned?  Thank you for you help!


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