Shady landlord lease question

When I was a renter, I was always a great tenant. And I never paid my last month’s rent. When I left, mid- or end- of lease, I’d send the notice letter certified mail stating my intentions, and telling them to apply the security deposit to the rent. I’d pay the difference to make the last month’s rent if the security was never raised to equal the current rent. I’d never rent a place that asked for more than one month as security.

I always left the place really clean (more than broom clean really.) And I never, ever had a problem with a landlord about that. They were happy to get the place completely empty (I left nothing, no garbage) when I said I’d be gone, very clean, no holes, no damage, and be able to start charging more rent, etc.

I’d clean up and let them show it to potential tenants when I was still there when they wanted to – they have less incentive to mess with you about your deposit if they have no time when they are collecting no rent. (Not all want to do this, as some want to paint and replace appliances, etc. before showing it at an increased rent.)

Paying the last month’s rent if you’ve done no damage is stupid – it’s like challenging them to keep your money illegally. I’ve known many stories of people illegally having their security not returned (one, in a high rise rental, for “window washing” – as if it was the tenant’s responsibility to put on a strap and climb outside many stories high to wash the outside of those windows! As if the building management wouldn’t have called the cops to stop her had she even attempted this, or hired someone to do that – just think of their liability if someone fell!)

That said, if something were ever damaged, I’d attempt to work out reasonable payment with them – and I’d do it before I gave notice – but I’m a great tenant, so nothing was ever damaged. Rather, I usually, made some improvements were made while I lived there (shelves built into closets, tubs nicely recaulked, chipped ceilings and heat risers scraped and painted, whatever.) The “normal wear and tear” clause encompases the inevitable small blips and chips that happen in a few years time.

This is one area where “possession is 9/10ths of the law” applies – if they don’t have your money, they can’t keep it. I’d rather have them come after me for money if they thought they had a legitimate claim (in my experiences, most of the claims are bogus, like the high rise window washing one – you know if there’s any real damage) than have to go after them to get my deposit back if they didn’t feel like returning it. So many landlords think it is theirs to keep, like a fee for re-renting the place, rather than the *deposit* it is.

That said, if I rented from a large property management company, instead of small landlords, I’d ask around the building what the company’s practices were when people left – it might be worth losing a security deposit to a shady management company and fighting to get it back (in many states, under consumer laws, you are well protected legally, but it is a pain to collect) rather than let them mess up your good credit rating, if that was their policy. (Don’t know that *that* is the policy of large management companies, as I’ve never rented from one – I’m just curious, as well as cautious.) It’s always good to collect information on their practices when you run into people who are moving out.

The security deposit is just that and it should not be used as your last months rent. It sounds as if you are renting an apartment that is not under rent control or rent stabilization guidelines and the building has fewer than 4 apartments in which case she is not required to keep the security deposit in an interest bearing account. She will probably return all of your security deposits as long as there is no damage to the apartment. Normal wear and tear is not considered damage but it should be left broom swept with no holes in the walls, floors, ripped carpets or inoperable appliances. Her M.O. sounds like mine to an extent. After issuing an inital lease, I will sometimes go month to month at the end of the lease term if I need to keep my options open as far as wanting to rent to another tenant who might possibly pay more rent. Difference is I would have let you know that I was not renewing the lease and that if you chose to stay, you then become a month to month tenant. Good luck in your place. There is nothing like owning a home of your own. You will not have to deal with landlords again and hopefully, if you become a landlord you won’t get screwed to bad by your tenants. Believe me though, you will get screwed at least once or twice.

Just make sure the terms are clear. I moved out in the middle of my last month on a lease. I told the landlords and real estate agent we would be moving the big stuff on Saturday 17th and coming back that Monday to clean and take out the large trash as Monday was trash day.
As I was paid until the end of the month, I didn’t think it an issue. Then I ran into the real estate agent on the street and he said the new people were moving in on Sunday the 18th.
After a few days of panic, they agreed to wait until Tues, yet I still felt bad for them as the place needed a paint job.
I also feel I should have gotten some rent back as they were getting double rent for those weeks.

You should read your original lease and see if it provides for a certain term after its expiration if you remain in possession. Some leases state that if the lease is not renewed, it continues on a month-to-month basis, or on the same basis as the original lease (yearly, in your case). It probably doesn’t say anything (in which case you are month-to-month), but you should check. I believe the Real Propert Actions and Proceedings Law provides that if you’re a month-to-month tenant, you should provide 30 dys notice (but you should check that). I’d send her a certified letter, return receipt requested, notifying her of your intention to move (and keep a copy and the receipt). I’d also not make the last month’s payment, but that’s just me.