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Landlord wants money after I moved...no lease aggreement

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Landlord wants money after I moved...no lease aggreement

Postby ExTenant » Tue Oct 05, 2004 2:16 am

Hello,

Scenario:
Lease ended, never renewed; Tenant moved out 4 months after lease ended; No month-to-month tenancy agreement; Tenant was in arrears for last two months of unit occupancy; Can landlord hire collection agency/lawyers to retrieve arrears?? Does lanlord fall into illegal rent collection?? Please advise.
:confused: HELP!!!
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Re: Landlord wants money after I moved...no lease aggreement

Postby caschembri » Tue Oct 05, 2004 5:57 pm

I think that in NY a month to month begins automatically after a lease terminates if the tenant continues to reside in the apt. The terms would be the same as those set forth in the lease. If the tenant continued to live there for 2 months, the landlord is entitled to the rent. No lease does not mean free rent. Check with a lawyer to be certain.
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Re: Landlord wants money after I moved...no lease aggreement

Postby ExTenant » Tue Oct 05, 2004 8:04 pm

I understand no lease does not equal free rent but tenant moved out and landlord sent arrears to collection agency 2 months after vacancy.
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Re: Landlord wants money after I moved...no lease aggreement

Postby HardKnocks » Tue Oct 05, 2004 8:13 pm

If the tenant was in arrears, the landlord has a right to send the debt to a collection agency. But once the tenant moves out, an eviction case can't be brought in Housing Court. That might be what you're thinking of.

Although my landlord did it and got away with it even though he had a new tenant living in my old apt. and paying rent there for two months already. So don't be surprised if it happens anyway.
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Re: Landlord wants money after I moved...no lease aggreement

Postby Downtown » Wed Oct 06, 2004 9:31 am

You stated did not use security deposit for rent..was there one paid or returned? If LL still has then you would owe for 1 month.
Send LL RRR letter releasing deposit for rent arrears and a check for the other month (or a payment). If no deposit then start to pay this as you owe the money.
Keep in mind the LL could go to small claims and get a judgement against you then proceed with placing a lien on your bank account or garnishing wages.
You lived there and owe...why not simplify and start paying.
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