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Vacated Apt due to Pandemic: Few questions

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Vacated Apt due to Pandemic: Few questions

Postby sbucrew » Fri May 08, 2020 7:54 pm

Area: NYC UWS

Background:
1) Never signed/returned the lease back to the landlord which is set to end this September 2020
2) Been paying uninterrupted timely payments
3) Gave notice to my landlord early March that I am leaving at the end of April (financial difficulty, job market and not having peace in apt due to construction noises all day)
4) Notified her about it and she did not oppose.
5) I left early in the first week of April
6) She walked through and checked out the apartment with her husband, and claimed it was clean.
7) I told her about my financial issues and asked if I can use the deposit inside and willing to pay the difference.. its about $200.
8 ) She responded with NO. She said I have to send her the full amount as well as the signed contract. And then she will send me the deposit back.
9) Now its may and she is constantly calling me and leaving voicemails that she will go after the court and ruin my credit score and send me to collection agency etc.


Questions: Having experience w/ her over the past years, I don't trust her.
A) Given the fact that I did not sign the contract, does that give me a month to month rights?
B) Is there a valid reason she is asking for the signed contract constantly?
C) If I send her the full amount, I have a feeling she will not return my deposit back.

What would be your advice?

Thanks in advance
sbucrew
 
Posts: 4
Joined: Fri May 08, 2020 7:20 pm

Re: Using security deposit part of last payment

Postby TenantNet » Fri May 08, 2020 8:01 pm

Is this a rent stab lease?
What date does the lease expire?
You are leaving early, yes?
Are you planning on moving for your own reasons, or is the LL "forcing" you to move?

7) I told her about my financial issues and asked if I can use the deposit inside and willing to pay the difference.. its about $200.
8 ) She responded with NO. She said I have to send her the full amount as well as the signed contract. And then she will send me the deposit back.


Please explain this a bit more - I'm confused on this point.
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Re: Using security deposit part of last payment

Postby sbucrew » Fri May 08, 2020 9:19 pm

Thanks for your quick response.

Is this a rent stab lease? <-- Not stabilized however had preferential
What date does the lease expire? <-- Sept 30th, 2020
You are leaving early, yes <-- Correct, vacated the apt already early April
Are you planning on moving for your own reasons, or is the LL "forcing" you to move?
I am moving b/c of my own reasons


7) I told her about my financial issues and asked if I can use the deposit inside and willing to pay the difference.. its about $200.
8 ) She responded with NO. She said I have to send her the full amount as well as the signed contract. And then she will send me the deposit back.

Please explain this a bit more - I'm confused on this point.


I already moved out early April and did not pay the rent for April yet. I asked if I could use the deposit held by the Landlord to pay April's rent, plus pay the difference of $200. They said no. She said I have to send them the April's rent first of $2000 and then they will send back my deposit of $1800 via check (If I only send the signed contract w/ it)


Also under NY state pandemic suspensions etc.. is there any protection for my case immediately? I thought the courts wont be serving anytime soon and she will need to wait until mid summer ? Or try to ruin my credit score (I have no signed contract) or send it to collection agency etc..?

Thanks again
sbucrew
 
Posts: 4
Joined: Fri May 08, 2020 7:20 pm

Re: Vacated Apt due to Pandemic: Few questions

Postby TenantNet » Fri May 08, 2020 9:47 pm

There is no such thing as a preferential rent without it being a rent stab lease. If that's what the LL is telling you, he's lying. By definition, PR is a discount from the RS legal rent.

Why do tenants keep falling for this?

If you vacated early, it's a question of mitigation with the changes from the 2019 law. With the new law, the LL is required to attempt to mitigate the economic loss (the lost rent from the tenant having moved). See page 40 of Judge Levobit's analysis of the 2019 law. See RPL section 227-e.

"Landlord must in good faith , according to landlord's resources and abilities, take 'reasonable and customary" steps to rent the apartment...'"

"Lease provisions to the contrary are void as contrary to public policy." The person seeking damages has the burden of proof."

Gov. Cuomo issued a new Ex. Order yesterday allowing tenants to use their security deposit. That does not let you off the hook for the entire rent, only when and how it's paid. It appears there are procedures on how to do all this, but from what you describe, it's not what your LL is demanding.

From our understanding, no new court proceedings can be commenced, except for emergencies, and that is that what is going on here.

In our opinion, without a court order, the LL can not start collections or affect your credit rating.

The most recent Ex. Order is at https://www.governor.ny.gov/news/no-202 ... -emergency

This is an update and alteration to the previous order (some day back in March).
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Re: Vacated Apt due to Pandemic: Few questions

Postby sbucrew » Fri May 08, 2020 9:57 pm

Thank you for your insight and quick answer.

Is there any valid motive behind her constant chase to get me to sign the contract and send it back despite I left the apt? I am not sure how this would effect or create an obligation on me.
sbucrew
 
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Joined: Fri May 08, 2020 7:20 pm

Re: Vacated Apt due to Pandemic: Few questions

Postby TenantNet » Sat May 09, 2020 4:53 am

No reason I can see. NEVER EVER sign anything (not just apt leases) unless a) it's absolutely necessary, and b) get a legal opinion as to your obligations.

Many tenants withhold the last month's rent in order to "recover" the deposit, especially if they suspect landlord games at work. This does not waive any obligation a tenant might have for real damages, but it puts the shoe on the other foot.

If you've already paid the last month, then you might not be able to recover the deposit. There's no guarantee the LL will return the deposit to you, and the insistence on a signed lease, in my opinion, can only lead to trouble.
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Re: Vacated Apt due to Pandemic: Few questions

Postby sbucrew » Sat May 09, 2020 9:11 am

Thank you again and appreciate the help.
sbucrew
 
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