Landlord Violating Lease at End of Term

[NYCTenant3]

Hello - Looking for feedback on if I should challenge for return of my last month of rent that I paid? Moved out of our apartment a month early, and landlord entered apartment to paint without notifying us, however stated we needed to still pay last month rent. They also left the apartment door open, leaving us open to liability but still holding to the rent payment.

[TenantNet]

Are you asking if you should pay the last month, or if the LL should return to you your previously-paid last month's rent?

Are/were you rent stabilized?

When you moved in, did you pay first, last months rent and a deposit? Did you move in after June 2019? (the law changed at that point). Please clarify all this.

That the LL entered during that last month may be material to all this. How did you return possession to the LL? Did you hand over the keys? To whom? Is there a signed written document that state when possession was returned, and did that include a waiver of claims?

Did you get any of the deposit back?

[NYCTenant3]

Hello - I have already paid the the last month's rent (on time), and moved out about a month early. The lease term has also ended and we received back the security deposit (however late to the 14 days in the lease). This was not a rent stabilized apartment. Moved in after June 2019, and only paid security deposit and first month's rent, not last month rent.

We informed the property management that we were not renewing, and gave them a move out date (about a month before actual end). They said we could free of paying rent, if they were to find a new tenant that overlapped with our term (understandable).

We had cleared out by the day we told them, and they did enter later that day to take pictures, which is understandable and they told us. We signed a resident vacate form, but it did not state any change to lease terms, just the day we planned to move out and where to send security deposit. It was stated in the "move out" process that we would be contacted by Super for a walk through and to hand over keys, which never happened and we still have the keys a month after the lease term actually ended.

Our main issue is that they continue to say we were liable to pay rent in the last month (which we did pay), but they entered to paint which we were never informed of or given reasonable notification. The door to our actual apartment was also left open after painting (as we returned to see if the Super was there as we never heard back on our request to end lease at time), leaving us liable of risk. They also changed our mailbox key at the same time, that week we moved out.

[TenantNet]

OK, not RS and did not pay last month upfront. But did pay last month at the beginning of the last month.

What that means is that you have the right to the unit until the last day of the last month. You've paid for it.

If you have physically moved out and handed the keys to the LL (not the super or other employee) and have some sort of written acknowledgment of return of possession, then the LL can enter at their discretion. But that appears to not be the issue here.

You say you got your security back.

You say the main issue is they claim you still owe rent for the last month. How, in writing? Ask for a ledger of all charges and payments. Your last month's payment should show up. If not, then show them proof your check was cashed.

Or just get hold of a human being at their office and work it out (record the phone call, in NYS, that's legal).

I don't think that they entered to paint really makes a difference here, don't make things more complicated than they need to be. You paid; they say you didn't, you have proof.

[NYCTenant3]

Hello - LL shows record of receiving last months rent, so that is all aligned. Ultimately I want to determine if it is worth continuing to push back on them to give me that last payment back, for holding us liable as tenants of the apartment, but the LL entering as they please and keeping us open to liability. Past calls to LL was left with VM on the subject, and they continue to dodge the question in my emails, as I bring up this subject and the fact I keep asking what to do with the keys.

[TenantNet]

Is your question whether you owe the last month's rent even though you already paid it? That's what you were asking and that is what we answered.

What do you mean "..for holding us liable as tenants of the apartment"? Your questions make no sense and you're tossing all sorts of issues together. I really don't know what you are asking.

You had a lease. Let's say it ended on 5/31/23. That is the last day you could have vacated without holding over. You paid the last month's rent. But then you decided to leave early. You can do that, but unless the LL agrees in writing to allow you to end the lease early, he doesn't have to give the money back to you.

As to all the other stuff, we don't have sufficient information.

Some tenants leave early (without paying the remainder of the lease) and LLs have to show they mitigated their loss by a good-faith attempt to re-rent the unit. But that's not your situation.

You signed a vacate form. I really don't think the LL entering to paint changes anything here. Unless you have a specific release from the LL agreeing to give you the money back, I don't think it's worth your effort to go after that.

But if the amount is large enough, then you might be paying a huge amount for the unit, so you might be able to afford a tenant attorney. You can check with a lawyer and maybe he/she might have some ideas. But whatever, focus in on the real problem.

[NYCTenant3]

Thank you for the feedback. With the painting my issue is really with the fact that they left the apartment unlocked and door open in the time afterwards it was done. I have still paying rent and my security deposit was being held until the actual end, so the LL put me at risk of not securing the apartment while I have still the tenant under lease.