|
I live in New York City. I moved out of my apartment which belongs to
a property management company. I did not sign my lease for this year
because they did not fix my fridge (over 6 months period) and window
(over 1 month period). This was the main reason of my move. I gave a 1
month written notice of my leave. I informed them when I vacated the
apartment. I have all receipts and proofs plus pictures of apartment.
Now they say they will not return security deposit because my lease is
not expired. However, as I mentioned, I refused to sign the lease.
They sent me a lease signed by owner called Deemed Lease some time
before. It does not state in either of these leases that they will
keep my security deposit or that the lease is renewed if I do not sign
it. Though I must double check.
How do I get my security deposit back, where do I start and what to
do?
Thank you very much.
|
| |
| |
vunet,
You lived in New York City. You had a lease. At the end of the lease (?)
you gave 30 days notice. The lasndlord sent you a "deemed lease" towards the
end of your lease period. It is not clear when you sent in your 30 days
notice asnd which lease was in effect at that time. It's not clear how much
notice was requireed by the appropriate leae. The land lord has kept your
security deposit. You ask for advice.
There are tenant's rights groups which should have brochures and
web-sites about these issues so go there and do some research. Decide which
lease was in force when you gave notice of your planned move. Read that
lease. If 30 days was the correct notice period tyhen you can go to court,
probably small claims court.
Good luck,
Dave M.
|
| |
| |
On Jan 11, 5:58 am, vunet <vunet...@gmail.com> wrote:
I live in New York City. I moved out of my apartment which belongs to
a property management company. I did not sign my lease for this year
because they did not fix my fridge (over 6 months period) and window
(over 1 month period). This was the main reason of my move. I gave a 1
month written notice of my leave. I informed them when I vacated the
apartment. I have all receipts and proofs plus pictures of apartment.
Now they say they will not return security deposit because my lease is
not expired. However, as I mentioned, I refused to sign the lease.
They sent me a lease signed by owner called Deemed Lease some time
before. It does not state in either of these leases that they will
keep my security deposit or that the lease is renewed if I do not sign
it. Though I must double check.
How do I get my security deposit back, where do I start and what to
do?
Thank you very much.
I checked: in my original lease there is no word that if I fail to
sign a new lease, lease will be renewed automatically for 1 year. The
company claims that they sent a Deemed Lease which means that I am
liable for this apartment for another year as if I signed a new lease.
But they say so, it does not actually state on any leases. How to
interpret their behavior?
Thanks.
|
| |
| |
In article <bsieo3pdk0l8dmvof5oipmi8t2t88vvj0o@4ax.com>,
vunet <vunet.us@gmail.com> wrote:
I live in New York City. I moved out of my apartment which belongs to
a property management company. I did not sign my lease for this year
because they did not fix my fridge (over 6 months period) and window
(over 1 month period). This was the main reason of my move. I gave a 1
month written notice of my leave. I informed them when I vacated the
apartment. I have all receipts and proofs plus pictures of apartment.
Now they say they will not return security deposit because my lease is
not expired. However, as I mentioned, I refused to sign the lease.
They sent me a lease signed by owner called Deemed Lease some time
before. It does not state in either of these leases that they will
keep my security deposit or that the lease is renewed if I do not sign
it. Though I must double check.
How do I get my security deposit back, where do I start and what to
do?
First, send a written demand letter. Send it via certified
mail, return receipt requested, and get proof of mailing. If
they ignore that, then take them to small claims court and let
a judge make the decision.
You may find that you are in the wrong. If a landlord and
tenant allow a housing lease to expire, it automatically converts
to a de facto month to month lease, which automatically renews
every 60 days. As a result, you can only move out every other
month. If you moved on the odd month rather than the even
month, then you broke the lease and are responsible for damages.
In that case, they can keep your deposit. This will be something
that the judge will need to sort out.
-john-
--
======================================================================
John A. Weeks III 612-720-2854 john@johnweeks.com
Newave Communications http://www.johnweeks.com
======================================================================
|
| |
| |
On 11 Jan 2008, vunet <vunet.us@gmail.com> wrote:
I moved out of my [New York City] apartment . . . . [after
I declined to] sign my lease for this year because they did
not fix my fridge (over 6 months period) and window
(over 1 month period). This was the main reason of my
move. I gave a 1 month written notice of my leave . . .
[and] informed them when I vacated the apartment.
* * * Now they say they will not return security
deposit because my lease is not expired . . . . [even
though] I refused to sign the . . . Deemed Lease some
time before. It does not state in either of these leases
that they will keep my security deposit or that the lease
is renewed if I do not sign it. * * * How do I get
my security deposit back, where do I start and what to
do?
One cannot tell reliably for sure solely on the basis of the facts as
you so far state them.
Even a reader of your posting who presumes that you are trying to be
truthful about the landlord's delay in repairing your former
refrigerator and window cannot tell only from what you so far say
about those subjects whether the conditions in need of repair and that
delay in eventually making the repair you seem to acknowledge
constituted substantial breaches by the landlord of the parties' lease
much less of the N.Y. statutory "warranty of habituality" (because,
obviously, you do not describe how serious the needed repairs were).
Further, your use of the term "Deemed Lease" suggests (though you also
fail to say one way or t'other) that you resided in a "rent
stabilized" apartment and yet, if so, you relatedly do not say whether
what you refer to as a "Deemed Lease" was (in light of whatever was
the duration of the prior term) for a one- or two-year term or whether
the landlord had agreed (although you also suggest that the landlord
now does not agree) that it was a month-to-month lease thus terminable
by you on the (presumably) one-month's (written?) notice you gave.
Nor do you say how long after you left (if at all during whatever was
the period of the "Deemed Lease") the landlord re-rented your former
apartment, yet this information would be necessary to know if the
landlord had not agreed that you were not a monthly tenant.
You have a right to sue for the return of the deposit in small claims
court if the amount is less than that court's jurisdictional "cap"
although, for the reasons summarized above, one cannot predict whether
the landlord may have a valid defense or even basis to counterclaim.
You can also pose your queries at the Tenant.net or (N.Y.C.)
Metropolitan Council on Housing (www.metcouncil.net) web sites but, if
you do so, preferably in a manner that includes the information
addressing the above summarized issues. Also, those sources can
include references to lawyers who specialize in dealing with this sort
of Stuff.
|
| |
| |
In article <r5dho3len1cvaidk6h8sp8aup04vt0ktit@4ax.com>,
John A. Weeks III <john@johnweeks.com> wrote:
In article <bsieo3pdk0l8dmvof5oipmi8t2t88vvj0o@4ax.com>,
vunet <vunet.us@gmail.com> wrote:
How do I get my security deposit back, where do I start and what to
do?
First, send a written demand letter. Send it via certified
mail, return receipt requested, and get proof of mailing. If
they ignore that, then take them to small claims court and let
a judge make the decision.
Doesn't NYC have a special Landlord/Tenant Court?
You may find that you are in the wrong. If a landlord and
tenant allow a housing lease to expire, it automatically converts
to a de facto month to month lease, which automatically renews
every 60 days.
I've never seen that before; rather, it converts to a month-to-month
lease.
Seth
|
| |
| |
On Jan 14, 7:08 am, se...@panix.com (Seth) wrote:
In article <r5dho3len1cvaidk6h8sp8aup04vt0k...@4ax.com>,
John A. Weeks III <j...@johnweeks.com> wrote:
Doesn't NYC have a special Landlord/Tenant Court?
I've never seen that before; rather, it converts to a month-to-month
lease.
Seth
Details:
My last lease I signed expired in April 07. In March 07 my first
request to fix refrigerator was ignored. Therefore, due to poor
property management, I decided to refuse signing a new lease. The
fridge was fixed in September 07 (they replaced with a new one after I
faxed the complaint). Then we had a broken window in October 07. It
was scotch taped for one month during cold weather so my wife got ill
sleeping in cold room. Some time in summer 07 they sent a renewal
lease again, which they claim to be a Deemed Lease. They do not
explain exactly what it is but it was signed by landlord. I think they
mean that Deemed Lease renews the lease for one year until April 08.
I moved out of my apartment in December 31st with a one month notice
and full vacancy notification. Starting January 1st they refuse to
return my security deposit stating Deemed Lease is a valid lease until
April 08. However, when I explained everything to them why I did not
sign the lease (poor property management) they delay with answers and
did not send me any written explanations yet.
It is a rent stabilized apartment and I heard they they may have a
right to keep deposit if the lease is valid. But how can they sign new
lease without me? Even a Deemed one?
Thanks. I'll follow everyone's advice.
|
| |
| |
On Jan 12, 7:39 am, "John A. Weeks III" <j...@johnweeks.com> wrote:
... If you moved on the odd month rather than the even
month, then you broke the lease and are responsible for damages.
In that case, they can keep your deposit.
I'm not a lawyer or an expert on NYC or New York State
housing law, but I did at one time live in NYC (and still
live in NYS), and I seem to recall that it is illegal to
use the security deposit to cover unpaid rent. It may
only be used to cover property damage beyond
normal wear and tear.
On the other hand, adherence to the law is rather
spotty in New York (City & State), especially when it
comes to real estate, and I know it is common for
tenants to just not pay their last month's rent when
moving out, assuming that the landlord will figure out
an excuse not to refund the security deposit, anyway.
|
| |
| |
In article <nibpo3lh6qf4b66jqk342m1n47bq8g7mtm@4ax.com>,
vunet <vunet.us@gmail.com> wrote:
My last lease I signed expired in April 07. In March 07 my first
request to fix refrigerator was ignored. Therefore, due to poor
property management, I decided to refuse signing a new lease. The
fridge was fixed in September 07 (they replaced with a new one after I
faxed the complaint). Then we had a broken window in October 07. It
was scotch taped for one month during cold weather so my wife got ill
sleeping in cold room. Some time in summer 07 they sent a renewal
lease again, which they claim to be a Deemed Lease. They do not
explain exactly what it is but it was signed by landlord. I think they
mean that Deemed Lease renews the lease for one year until April 08.
It is a rent stabilized apartment and I heard they they may have a
right to keep deposit if the lease is valid. But how can they sign new
lease without me? Even a Deemed one?
I was poking around a bit in the NY State Housing code on rent
controlled housing. There is a blurb in there that states that
if a tenant fails to renew a lease, and is not served a lease
termination by the landlord, then a one year "deemed lease"
exists starts at the end of the previous lease with the same
terms and same rent cost.
I am by no means an attorney, nor do I play one on TV, so I
really have no clue. But my reading of the situation would
lead me to believe that the landlord would prevail in this
case. I'd be far more concerned that they will make you pay
for the 4 months left on the lease than the loss of the security
deposit.
Nearly every major city has some kind of housing union or
tenants union. You need to find them, and go talk with them.
You need to buy the book that most of these groups publish
about tenants rights.
I'd also like to suggest that the issues that you list, such
as broken refrigerator and window are not relevant to this
case. Those are repair items. The landlord likely has a
repair protocol to follow. It sounds like you didn't follow
the protocol. For example, you write that the refrigerator
did not get fixed, but once you faxed in a form, they came
right out with a new one. It sounds to me like you may have
telephoned them, whereas the procedure was to submit a
written request.
At any rate, broken stuff is not a reason for breaking a lease.
The lease only says that you will have a housing unit, it does
not say what condition it will be in. In order to have any
kind of case here, you have to show that the place is in life
threatening condition. The first way that you do this is by
moving out. Since you did not move out, you gave the signal
that the place was in fact fully habitable.
Good luck!
-john-
--
======================================================================
John A. Weeks III 612-720-2854 john@johnweeks.com
Newave Communications http://www.johnweeks.com
======================================================================
|
| |
| |
Venet,
Starting January 1st they refuse to
return my security deposit stating Deemed Lease is a valid lease until
April 08.
Unless there was something in the original lease which said "continued
occupancy of the apartment beyond <x day> will be deemed to extend this
lease to April 08," then they are blowing in the wind.
I don't know of any law which gives any power to a Landlord to
unilaterally extend a lease. It has to be agreed upon in writing.
Maybe New York is different. I did say it was a screwed up State. (If
they'll buy Hillary Clinton's story that she was always a New Yorker at
heart, those people will believe anything.) But generally New York is
tenant-friendly, so this would be very out of character for them to have
a law that allows this.
Like I said before, you have to sue them to get your deposit back.
File a claim in Small Claims Court.
Lighthope
Pearls of Wisdom - "When in this world the headlines read of those whose
hearts are filled with greed, who rob and steal from those who need, to
right this wrong with blinding speed goes Underdog!" - Theme to Underdog
--== TIGERS' QUEST - www.tigersquest.com
--== THE DOCTOR WHO AUDIO DRAMAS - www.dwad.net
--== A CHRISTMAS SPECIAL - http://christmas.dwad.net
|
| |
| |
In article <bhvro3962kraotv4sb7e06npja9s86mctp@4ax.com>,
Lighthope <lighthope@onepost.net> wrote:
Unless there was something in the original lease which said "continued
occupancy of the apartment beyond <x day> will be deemed to extend this
lease to April 08," then they are blowing in the wind.
Are you familiar with NYC's Rent Stabilization Law?
I don't know of any law which gives any power to a Landlord to
unilaterally extend a lease.
What about a law saying that it happens automatically? The tenant
accepts by staying.
Maybe New York is different.
New York City _is_ different.
Seth
|
| |
| |
Wed, 16 Jan 2008 07:53:26 -0500 from Alan McKenney <alan_mckenney1
@yahoo.com>:
I'm not a lawyer or an expert on NYC or New York State
housing law, but I did at one time live in NYC (and still
live in NYS), and I seem to recall that it is illegal to
use the security deposit to cover unpaid rent.
What you may be thinking of is that it's illegal for the *tenant* to
do that unilaterally. In other words, it's illegal for the tenant to
fail to pay the last month's rent, even if there's actually no damage
and the tenant would be getting back the whole deposit. (Tenant and
landlord can agree to do that, however.)
But as far as I can recall, from an information session two or three
years ago when I was a tenant, the landlord can use the security
deposit for unpaid obligations of a departed tenant, including actual
damage and unpaid rent. I could be wrong about that, though -- does
anyone know for certain.
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com
|
| |
| |
Seth,
Unless there was something in the original lease which said "continued
occupancy of the apartment beyond <x day> will be deemed to extend this
lease to April 08," then they are blowing in the wind.
Are you familiar with NYC's Rent Stabilization Law?
No. I don't do business in New York. However, questions about NYC
particulars come up regularly so I would be grateful if you could
enlighten me.
What about a law saying that it happens automatically? The tenant
accepts by staying.
Generally speaking, when a tenant stays beyond the end of the lease,
the lease by law converts to a month-to-month tenancy. I don't know of
anywhere where a holdover converts to another term lease.
New York City _is_ different.
Apparently. :)
Lighthope
Pearls of Wisdom - A family reunion is an effective form of birth control.
--== TIGERS' QUEST - www.tigersquest.com
--== THE DOCTOR WHO AUDIO DRAMAS - www.dwad.net
--== A CHRISTMAS SPECIAL - http://christmas.dwad.net
|
| |
| |
On Fri, 18 Jan 2008 07:19:33 -0500, Lighthope <lighthope@onepost.net>
wrote:
Generally speaking, when a tenant stays beyond the end of the lease,
the lease by law converts to a month-to-month tenancy. I don't know of
anywhere where a holdover converts to another term lease.
That was the law in NYC too when I was there. 70's to '83. I doubt
they have changed it. And NYC is verrry tenant friendly.
I had a rent stabilized apartment. Not as good as rent controlled,
but it had the feature that the landlord could only raise the rent by
the percentage decided each year by the rent stabilization board. One
percentage for a one year renewal, a little higher for 2 years, and a
little higher for a 3 year renewal. My landlord didn't raise my rent
for about 6 years for some reason, and because of the law he could
never catch up to where he woudl have been. But he was a terrible
landlord anyhow, often failed to provide heat because he thought he
could fix the furnace himself, evicted people illegally, including
giving me a 72 hour notice of eviction, without ever giving the 30
days notice of eviction, and when he was wrong (either lying or
mistaken) about how far behind I was on the lease. He said 40 days.
It was 10 days.
If you are inclined to email me
for some reason, remove NOPSAM :-)
|
| |
| |
On Fri, 11 Jan 2008 05:58:42 -0500, vunet <vunet.us@gmail.com> wrote:
I live in New York City. I moved out of my apartment which belongs to
Is this apartment rent controlled or rent stabilized. I would assume
not, because any person with such an apartment would know to mention
that.
There was a book called _Tenant_, I think, which dealt specifically
with NYC landlod tenant issues. It was at least 250 pages and it was
excellent and I hope it has been updated in the last 30 years.
I think you should read it, both before you go to court in this case
and to understand your current and future apartments. I still have my
copy but it's 30 years old.
a property management company. I did not sign my lease for this year
because they did not fix my fridge (over 6 months period) and window
(over 1 month period). This was the main reason of my move. I gave a 1
month written notice of my leave. I informed them when I vacated the
apartment. I have all receipts and proofs plus pictures of apartment.
Now they say they will not return security deposit because my lease is
not expired. However, as I mentioned, I refused to sign the lease.
They sent me a lease signed by owner called Deemed Lease some time
before. It does not state in either of these leases that they will
keep my security deposit or that the lease is renewed if I do not sign
it. Though I must double check.
How do I get my security deposit back, where do I start and what to
do?
Thank you very much.
If you are inclined to email me
for some reason, remove NOPSAM :-)
|
| |
| |
|
