Month to Month termination, Security Deposit

[Qfehzysl]

So this is in NY.
I moved in to an apartment on May 29th.
Upon moving in I found the landlord misrepresented the apartment(mold in the freezer etc.) and contacted him on June 4th with my intention to move out.
I never signed a lease before moving in but as I understand, because I moved in, I initiated a month to month agreement.
I told him I am vacating the premises and moved out all of my stuff within a week of contacting him.
I know I should have, but I did not send a registered letter about the mold in the freezer to him.

I called him today and he is refusing to return my security deposit and says he is using it as Julys rent, and may pro-rate back to me if he finds someone to move in. I know most states require 30 day notice but because we didnt move in until right before June there really is no way I could have gotten a full 30 days notice in.
Is he entitled to my security deposit?
Is he doing me a favor by not requiring July rent?

 

[mightymoose]

You didn't inspect the rental prior to moving in?
There is always time for 30 days notice. You don't have to move out on the 1st. If you have notice in June 4 then your 30 days is up on July 4. If the landlord rents the unit prior to that then you should get your full deposit. You should not be held responsible for rent beyond July 4.
This is all assuming you have written notice off your intent to vacate on June 4. If you didn't do that then you may be on the hook for July rent until the unit is rented out.

 

[Gail_in_Georgia]

Aside from the fact that "mold" in the freezer could have easily been removed with a little bleach and water, yes; your landlord can certainly use this deposit for July rent.

It would appear from your posting that your notice to move out was verbal, not written.

Gail