Landlord not returning deposit.

[shahtech]

Hello,
I have given my landlord a 1 month notice. When I move in the apt.,
we both agreed that I will provide a 1 month notice before I left and
I will be refunded my deposit as long as there is no damage. There
was no lease signed.
Now my landlord is telling me that I have to pay $ 160 for running an
advertisement in the newspaper for 3 days and if nobody moves in on
the 1st, he will deduct my deposit for the days his apartment is
empty.
Is this legal ? The apartment is a legal apartment.
I m really tensed since he wants $ 160 for the ad and also may not
refund my deposit of $ 1000 if he cannot fill the apartment.
Please help me.

Thanks,
Shahtech

 

[Michael Wechsler]

I have no idea how the landlord could claim that you should pay for his need to run an ad to rent the apartment. Did you have an agreement for a longer oral lease and you wanted to leave earlier?

Originally posted by shahtech
Hello,
I have given my landlord a 1 month notice. When I move in the apt.,
we both agreed that I will provide a 1 month notice before I left and
I will be refunded my deposit as long as there is no damage. There
was no lease signed.
Now my landlord is telling me that I have to pay $ 160 for running an
advertisement in the newspaper for 3 days and if nobody moves in on
the 1st, he will deduct my deposit for the days his apartment is
empty.
Is this legal ? The apartment is a legal apartment.
I m really tensed since he wants $ 160 for the ad and also may not
refund my deposit of $ 1000 if he cannot fill the apartment.
Please help me.

Thanks,
Shahtech

 

[NYClex]

There was no lease signed, nothing in writing? Then you should be off the hook. Depending on the law in your state you only have to observe any time limit for a notice and any form requirements, like here in NY state it would be 30 days notice. No way he can make you pay for an ad.

You might look if there is any tenant organization in your area (yellow pages, internet), they usually know what the rules in your jurisdiction are.

 

[Michael Wechsler]

Originally posted by NYClex
There was no lease signed, nothing in writing? Then you should be off the hook. Depending on the law in your state you only have to observe any time limit for a notice and any form requirements, like here in NY state it would be 30 days notice. No way he can make you pay for an ad.

You might look if there is any tenant organization in your area (yellow pages, internet), they usually know what the rules in your jurisdiction are.

I don't think that the landlord can make you pay for running an ad, especially with no lease and, as NYClex said here, provided you complied with your state's notice law I don't think the landlord has any remedy. I would demand the security deposit back via written letter, certified return receipt.