Security Deposit Renewal Lease Never Signed - Am I Month to Month

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QnsGal2014

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My question involves landlord-tenant law in the State of: New York. (Queens)

Here is the run down:
1. Signed a 1 year lease (was not given the option for a 2yr lease) with a preferential rent for November 2012-November 2013. Landlord gave us the renewal lease very late, on December 4th. We had 60 days to sign.
2. Meanwhile the landlord had been promising us certain updates/fixes in the apartment, including the heat which was not working well and the supposedly brand new windows in one of the bedrooms were letting in a HUGE draft - he refused to fix it, just gave us the plastic window kit. Also the bathroom radiator he never fixed.
3. In an effort to negotiate the renewal we communicated via email about the things not fixed in the apartment. He either ignored our questions or made excuses. We filed with 311 about the broken radiator in the bathroom.
4. He retaliated, taking back the first renewal lease, then slapping us with the actual rent (much higher price) via certified mail from his lawyer which was before the legal 60 days we had to sign the renewal lease, which we emailed him that we would.
5. We decided not to sign the renewal lease which he dated May 1, 2014. We gave our 30 day notice on March 1st via email and in the form of a written and signed letter along with our rent payment.
6. Security Deposit - we asked about its location in the bank more than once and he ignored us. Now we are concerned he will try to keep our legal interest that it should have gained, or that he will pull something and try to keep it.


As of today March 5th he has not cashed our rent payment. He is a greedy liar. After we moved in he kicked out 3 out of the 6 tenants. Most were hispanic and with children. One tenant who is disabled filed a harassment claim against him. this guy is scum.
PLEASE ADVISE, we want to move out before April 1 but we fear he will try to pull something.
thanks
Queensgal
 
April 1st is about 20 odd days away.
But, as long as your rent is paid, you're free to remove your items to get a head start on your move.
I'd not worry about interest, it's likely to not be worth the hassle.
Bottom line, you'll probably be in tenant/landlord court anyway, if you want the deposit back. This rat seems like the type who'll lie to keep it,so relax and prepare to move.

I forget, if you never signed a renewal, you're a tenant at will, month to month.
 
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You can move out any time you like so long as you pay the rent for the whole month.
The interest on your deposit is not enough to worry about. Interest rates are so low it is probably only a few dollars.
 
Landlord's itching for you to leave so he can bring in a new tenant at more money -- sounds like he'll cheap out on refurbishing the place too. You're not damaging the landlord by leaving unless you just bail without notice -- which is still better than squatting for 90 days or more! Just look at it from the landlord's point of view and give them what they want -- more money, but from another tenant.
 
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