Month to Month Security Deposit issue in NYC

Discussion in 'Other Residential Landlord & Tenant Issues' started by addyjanes, Oct 29, 2009.

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  1. addyjanes

    addyjanes Law Topic Starter New Member

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    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. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    This question was answered to your posting over at forum.freeadvice.com

    Gail
     
  3. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    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/resources/dhcr/dhcr9.html

    Gail

    Gail
     
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