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Landlord keeps 50% of deposit for vacating 1 day late?

Posted by Andrew on February 19, 1997 at 21:41:01:

My wife and I vacated our apartment on the 1st of February of this year. We had given the landlord 30 days notice, which she agreed to. We moved out by 12:00 noon on the 1st. Now she claims that because we did not vacate on the 31st, she can keep 50% of the deposit. Our 30 day notice letter to the landlord did state that we would be out by the 31st, but my wife called her to tell her it would be the 1st. At that time there was no mention of keeping half the deposit. If so, we would have tried harder to leave the day before. If this is indeed in the lease, does NY allow for any grace period on the 1st of the month? (It was a Saturday).


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