Shady landlord lease question
My husband and I are have been living in our apartment since August of 2006, when we signed a one year lease. When the lease was up for renewal last summer our landlady raised our rent by $200 and asked for an additional $200 in deposit (plus an extra $300 pet deposit for a second…
My husband and I are have been living in our apartment since August of 2006, when we signed a one year lease.
When the lease was up for renewal last summer our landlady raised our rent by $200 and asked for an additional $200 in deposit (plus an extra $300 pet deposit for a second dog). We agreed and have been paying our rent in full and on time every month ever since.
However, she never gave us a new contract to sign. She claims to be too busy but, as is typical of her M.O., I suspect she likes to have the freedom to kick people out or raise rent at any moment and therefore has conveniently forgotten for what has now been nearly a year.
Now we have bought an apartment elsewhere and are planning to move out by the end of May (mid June if she’ll accept a pro-rated rent for that month). Am I correct in believing that we are free to leave as long as we give her 30 days notice given that we are technically now on a month-to-month lease?
I’ve done a little research online, but haven’t been able to find a concrete answer.
Thanks in advance for any feedback.
Take this in terms of relative justice, but if you stiff your landlord on the last month’s rent by using the deposit — and there is ANY damage, dirt, crazy paint or whatever when you leave — your MO is as unsavory as hers. Even if she’s been weird, do the right thing. You’re an owner now too so you certainly see this.
That said, without a current lease, all of the above is correct. What would she be able to do to you without a contract, anyway?
The above advice is great, and also — send your notice that you are not renewing the lease by certified mail with the date you are moving out, and that you expect the deposit and deposit’s interest on that date. You then have proof of the specific date for the, and it puts your landlord on notice that you’re wanting your deposit back reasonably promptly. I think NY gives about a week for the return of a deposit, but I don’t think it hurts to be aggressive about it.
Good luck!
30 days notice is fair. Use your deposit as last month’s rent and don’t count on getting your pet deposit back if she’s shady. Take pictures of EVERYTHING and leave the apartment clean.
I am sorry that your experience has been so negative with your landlady. (I imagine there is some sort of back story which justifies the snarkiness of your references to your landlady) It is not uncommon, however, for folks to go month=to-month after successfully completing the first lease. And, as your story shows, it cna be beneficial to both landlord and tenant (if you’d signed a lease you’d be stuck now, wouldn’t you?). The more notice you give the more likely you are to get all your deposit back. She (despite her “m.o.”) is human too. Better with honey than vinegar. The 30 day notice applies to each renatl period btw – thus if you want to leave in June, you have to give notice on May 1st, not 30 days before the you want to leave (unless she agrees you can’t really get pro-rated time during the last month, it is all or nothing).
Give her a pro-rated rent check on the first and tell her to apply the deposit to one months rent. If you have nothing in writing for the extra $500 she probably won’t give it back. Seems like her M.O.
Why don’t you just tell her when you want to leave and how much deposit you expect back. No need to give her only 30 days if you have more time.
If you have no lease, you are a month to month tenant. 30 days notice is sufficient. She has no recourse since she never gave you a new lease to sign. If she had, she could hold you to the lease for the rent.
no lease = 30 days notice but prorating is not required
What is the status of the apartment?
Rent stabilized, condo or coop rental etc.?
How many apartments in the building?
The answer to your question depends on the status.