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Posted by Mark Smith on March 16, 1999 at 01:53:03:

In Reply to: illegal apt/security deposit return? posted by Emily on March 15, 1999 at 23:43:02:

According to a recent decision of the Appellate Term, First Department, which may not be controlling in the jurisdiction where you lived, in a month-to-month tenancy, the landlord is required to give a one-month/30-day notice to terminate the tenancy, but the tenant is not required to give such notice. In view of that and in view of the notices of the town inspectors of the illegality of the premises, I think you are entitled to a refund of your security deposit. Contact the Attorney General's office for assistance, and if they can't get your landlord to refund your security deposit, go to small claims court.

: My husband and I rented an apartment for three years. We had no
: written lease. The only paperwork involved is a piece of
: paper signed by the LL stating she received a security deposit.

: Three weeks ago, the town was out to the home. Apparently the
: apartment was illegal (two families living in one home). We did
: not know this. The town left notices on all the doors of the home.
: A day or two later, the investigator left a message on our answering
: machine.

: The LL's solution: take out all our appliances and our bed for a day or
: so and have the town come in to see the "one family house." As
: the town knew we were there, we didn't want to get involved with
: deceiving them.

: So we found another apartment. I ended up giving her 2 weeks
: notice. I gave her notice in early March, right around when
: we were to pay March's rent. As we were leaving, we figured
: she would deduct half the rent (we were out by the 15th) out of
: our security deposit and return the rest. She refuses.

: Do we have any rights here????

: Thanks for reading this, I know it was a novel!
: Emily Smith

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Comments:
: According to a recent decision of the Appellate Term, First Department, which may not be controlling in the jurisdiction where you lived, in a month-to-month tenancy, the landlord is required to give a one-month/30-day notice to terminate the tenancy, but the tenant is not required to give such notice.  In view of that and in view of the notices of the town inspectors of the illegality of the premises, I think you are entitled to a refund of your security deposit.  Contact the Attorney General's office for assistance, and if they can't get your landlord to refund your security deposit, go to small claims court.

: 
: : My husband and I rented an apartment for three years. We had no
: : written lease.  The only paperwork involved is a piece of
: : paper signed by the LL stating she received a security deposit.

: : Three weeks ago, the town was out to the home.  Apparently the
: : apartment was illegal (two families living in one home).  We did
: : not know this.  The town left notices on all the doors of the home.
: : A day or two later, the investigator left a message on our answering 
: : machine.

: : The LL's solution: take out all our appliances and our bed for a day or 
: : so and have the town come in to see the "one family house." As
: : the town knew we were there, we didn't want to get involved with 
: : deceiving them.

: : So we found another apartment.  I ended up giving her 2 weeks 
: : notice.  I gave her notice in early March, right around when
: : we were to pay March's rent.  As we were leaving, we figured
: : she would deduct half the rent (we were out by the 15th) out of
: : our security deposit and return the rest. She refuses.

: : Do we have any rights here????

: : Thanks for reading this, I know it was a novel!
: : Emily Smith


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