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Month to month payment after lease period expired Security Deposit

Discussion in 'Commercial Landlord & Tenant Issues' started by Agnivo, Feb 7, 2020.

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  1. Agnivo

    Agnivo Law Topic Starter New Member

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    Jurisdiction:
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    Hello,
    My lease started from Dec 2018 and ended on 21st Nov 2019. Because of a 60 day notice period, as I informed the property manager in the last week of October 2019 that I do not want to renew the lease and would like to terminate, they forced me to pay the rent for December 2019 as well. I already had an apartment for December 2019 and was paying rent there.
    Now, it is mentioned on the lease agreement that there is a month to month lease. In the lease agreement the rate for month to month lease is not mentioned. However, I did not sign any month to month lease agreement with them for December 2019. Also, the person in the lease office did not tell me anything about the actual rate when I went to them on October 2019.
    So, I paid the normal rent for December 2019 and at present they have charged a month to month rent which is 3 times that of the normal rent and forcing me to pay the balance. Is this lawful ? I am not sure, please advise. When I told them that I was not aware of the month to month rate they produced a renewal notice with all the rates but it does not have any signature of mine, neither do I remember signing any such document. I have asked them for a copy of any agreement I signed and submitted. Both my lease and this notice is attached. I feel that they are extorting me as they forced me to stay through December and are now also imposing this new rent which is 3 times that of the usual monthly charge.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    You really should redact the personally identifying information on the documents and repost them.
     
  3. Agnivo

    Agnivo Law Topic Starter New Member

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    Thanks. I removed the documents disclosing the information.
     
  4. army judge

    army judge Super Moderator

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    You might want to talk to a couple local lawyers about any remedies available to you, or what you can do legally today.

    Most lawyers will meet with a prospective client initially for free.
     
  5. zddoodah

    zddoodah Well-Known Member

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    What exactly is your landlord doing to "force" you to pay?

    I assume no one is actually "forcing" you to do anything. Rather, I suspect your now former-landlord has told you that you are liable for rent beyond the time that you occupied the premises. To the extent that the former-landlord is doing nothing more than making a claim, of course that's legal. Whether that claim is legally valid is something we obviously cannot know because we have not read your lease.

    Attached to what?

    Extortion is defined in section 155.05(e) of the New York Penal Law, and I'm confident that nothing that has happened meets that definition.

    Again, "forced" you how?
     
  6. Highwayman

    Highwayman Well-Known Member

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    This is a residential property? Just wondering since you posted under "Commercial Landlord and Tenant Issues".
     
    army judge and justblue like this.
  7. mightymoose

    mightymoose Moderator

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    When did you vacate the residence? (Turn in keys and relinquish control of the property)
     

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