Ask a Legal Question
  1. #1

    Join Date
    Oct 2009
    Posts
    1
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Month to Month Security Deposit issue in NYC

    Jurisdiction / State: New York

    I live in New York City (Brooklyn, NY)

    I am a month to month renter with no lease, no written contracts or terms of any kind. It is a kind of a landlord/roommate situation. I rent a bedroom, bathroom and use of shared common areas (Kitchen/Living Room).

    I gave notice on October 5th that I would be leaving at the end of the month.

    My landlord found a renter who moved in mid-October and paid rent for the second two weeks of October (on top of the rent I already paid for October). The new renter has been staying in the Living Room (common area)

    The new renter will move into my room on November 1st (after I have vacated)

    The Landlord maintains that she does not owe me my security deposit.

    There are two issues here:
    1. As a NYC month to month renter, isn't it true that I don't have to give 30 days notice or any notice at all?

    2. Isn't it illegal for her to collect rent from the new tenant on top of my rent for the second two weeks of October? I pay $890/ month. The new tenant will be paying $800 (the landlord opted to rent a smaller space to new tenant) and paid the landlord $400 for the last two weeks of October (overlap time)

    What are my rights? I am certain I get my deposit back, but aren't I due some kind of refund for the second two weeks of October as well?

    HELP! (and thank you!)

  2. #2
    Moderator Distinguished Scholar

    Join Date
    Jul 2008
    Posts
    2,563
    Thanks
    0
    Thanked 335 Times in 330 Posts
    This question was answered to your posting over at forum.freeadvice.com

    Gail

  3. #3
    Moderator Distinguished Scholar

    Join Date
    Jul 2008
    Posts
    2,563
    Thanks
    0
    Thanked 335 Times in 330 Posts
    P.S. It's also important to remember that a security deposit is used to repair tenant damages above normal wear and tear. Since it appears that the landlord will try their best to keep your security deposit, make certain you have documentation of the status of your living area at move out (i.e., pictures).



    http://www.housingnyc.com/html/resou...hcr/dhcr9.html

    Gail

    Gail

Similar Threads

  1. Does NYC no lease, no contract roommate have to pay security deposit to lease holder
    By richiehrs in forum Other Residential Landlord & Tenant Issues
    Replies: 1
    Last Post: 09-27-2009, 09:21 AM
  2. Landlord won't return security deposit
    By jbitt in forum Other Residential Landlord & Tenant Issues
    Replies: 7
    Last Post: 09-02-2009, 03:28 PM
  3. Required to split security deposit with roommates who have waived right to deposit?
    By roommatedxyz in forum Other Residential Landlord & Tenant Issues
    Replies: 1
    Last Post: 06-19-2009, 01:41 AM
  4. landlord harassment and security deposit issue - Hawaii
    By cdemott in forum Other Residential Landlord & Tenant Issues
    Replies: 3
    Last Post: 09-18-2008, 10:48 PM
  5. CA roommate security deposit and opt out question
    By jbl3168 in forum Roomate & Joint Leases
    Replies: 2
    Last Post: 08-02-2008, 11:42 PM

Log in

Log in