landlork trying to keep months deposit

[eilrahc]

My lease ran out in January,and I did not sign a new lease. I have been paying and living month to month. My landlord notified me last month that the rent would be raised by $400/mo. We located a new apartment and gave the landlord 10 days notice. The landlord claimed that we had not given sufficient notice, and therefore she was keeping the one month prepaid rent to cover next month. In addition, she's trying to extract the extra $400, increase in rent from my security deposit. I know that this is illegal, but what is my recourse.

[Brooklyn Babe]

http://www.tenant.net/.WWW/ubbgraphics/ultimatebb.php?ubb=get_topic;f=1;t=000079

consigliere Member Member # 9 wrote:
"In New York, you don't have to give any notice where the lease is for a fixed term. In your case, you could have moved out at the end of your six-month lease, with no notice to the landlord.

In New York City, tenants don't have to give any notice to terminate a month-to-month tenancy, while landlords have to give a 30-day written notice, served in a very specific manner.

In the rest of New York State, both tenants and landlords have to give a one-month notice -- verbal or written -- to terminate a month-to-month tenancy. That means if your rent is due on the first of the month, you have to give notice on or before the last day of the prior month. "

So if your an NYCer write her a letter stating that she owes you the full deposit back, and that you expect it returned no later that certain date (30 days?).
If you gave inadequate notice, she may be able to keep a portion, but charging the increase amount doesn't sound right.
Your best bet is to call Attn. General's office and ask them what if any your rights are. Then you can file a complaint with them.
Best recourse is to file a small claims action against LL if you are in the right.
Best of Luck!