Landlord Won't Use Last Month's Rent
My landlord won’t use last month’s rent. When I signed the lease for my apartment I gave my landlord a $1700 deposit. When I moved in two weeks later I gave her $5100 for the first three months. On the second month in the apartment, my landlord asked for the rent and I told her…
My landlord won’t use last month’s rent. When I signed the lease for my apartment I gave my landlord a $1700 deposit. When I moved in two weeks later I gave her $5100 for the first three months. On the second month in the apartment, my landlord asked for the rent and I told her I already paid the first 3 months. She said No. I could use that money for the last two months. Because it was no big deal, I obliged.
In Dec ’09 I wrote her a letter saying I was going to move out on Feb 1 and to please use the last two months rent for Dec ’09 and Jan ’10. She said I could use Dec ’09 but not Jan ’10. She said she had too many bills to not receive rent for Jan. I started to get concerned about the money. I then decided to stay in apartment and paid rent for Jan ’10.
I’m a freelancer and the Recession has affected my income and I can no longer afford to pay $1850 rent (she increased my rent by $100 in March ’10 after a 10-day late rent payment).
Now, I want to move out on Oct 1 and I want her to use the last month’s rent. She told me I couldn’t do that. She’s said it’s a deposit. I told her the $1700 I gave her when I signed the lease was the deposit. After cursing me out on the phone and accusing me of playing games, she calmed down, and then said a collection of late fees, a $100 lost key fee (which is not in the lease), and a return check fee will be deducted from security and she will not let me use security for last month’s rent. I explained that my deposit was not my last month’s rent. She says it is.
It also should be noted that she makes me pay her in money orders (which I hear is illegal). She’s also increased my late fee from 5% to 10% in March ’10.
Yesterday, she and “a friend” knocked on my door. When I opened the door the “friend” stated “You’ve been served”. I had no idea what was going on. I refused to take the paper. My landlord (who was hiding around the corner) snatched the paper from her “friend’s” hand and tossed it into my apartment.
When I opened the document I noticed it was the list of late fees, the $100 lost key fee, and a statement saying I will not use my security as last months rent. And that I need to be out of apartment by Sept 30.
What shall I do?
The amount of the security deposit is whatever is specified by the lease. It could be one month, two, or more — whatever it says in the lease.
But it’s irrelevant. Your legal and moral obligation is to pay all the rent for the time you live there, move out with 30 days notice, and to return the apartment in perfect condition — or pay for any damages.
If you do all of that, the courts don’t care about what is or isn’t a security deposit or last month’s rent or whatever.
This sounds a little too familiar to me. *shiver* OP, by any chance are your landlord’s initials P.R.?
I have one of those lunatics too. I think she’s bi-polar. One day sweetness and nice the next” vacate by aug 31 or she’ll burn the place down with me in it”.Can you believe that? And she said it right in front of landlord/tenant rep i asked to help with the situation.
Never in my life have i dealt with such evil. Now i have to buy a fire extinguisher to make sure it’s handy.
No one pays two months security.
HAHAHAHA !!!
BHO – that was hilarious. respekt
Thanks everyone for your advice (and for toughening me up. lol).
I finally talked to an attorney. Meeting with him in a few hours.
To clear up a few things:
My landlord’s holding a $1700 deposit AND last month’s rent of $1700.
I’m moving (because the apt is too expensive and the landlord’s is a lunatic). However, she’s refusing to allow me to use $1700 to cover my last month’s rent. She claims the entire security deposit is $3400.
I challenged her about the deposit and insisted on using $1700 for my last month’s rent. Angered, she blasted me on the phone with “gangsta” profanity. She was so verbally violent that at one point I asked if she was threatening me and she said “I’ll do more than threaten you.” Five minutes later, she was speaking sweetly and cracking jokes. Yes, she’s nuts.
A few days later, we spoke again about the last month’s rent issue and she said if I don’t pay September’s rent she’s start legal proceedings.
I explained to her, again, about the original lease and the monies I gave her. She then sent a text and asked if I could leave by Sept 1. I said NO.
She arrived at my door last night with “a friend” to “serve me some papers”. One paper was a letter listing various late fees (most of which are based on being late a day or two after the 5-day grace period). The other letter was a notice to vacate by Sept 30. That’s what confused me: first she asks if I can leave by Sept 1, then she gets official and hands me a 30-day notice with an added note that says “YOU WILL NOT USE DEPOSIT AS LAST MONTH’S RENT”.
I’m leaving, however, I want to use my last month’s rent for Sept. She’s saying I can’t.
Now I’m talking to an attorney.
I agree with Scot- The courts love tenants.
Here’s some laws I found regarding your situation
MONTH-TO-MONTH TENANTS
Tenants who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)
A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.
The termination notice need not specify why the landlord seeks possession of the apartment, only that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. Real Property Law § 232-a and § 232-b.
RENT SECURITY DEPOSITS
Virtually all leases require tenants to give their landlords a security deposit. The security deposit is usually one month’s rent. If a lease is renewed at a greater amount or the rent is increased during the term of the lease, the owner is permitted to collect additional money from the tenant in order to bring the security deposit up to the new monthly rent. A landlord may use the security deposit as a reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment, or a reimbursement for any unpaid rent.
The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. The landlord is obligated to return the security deposit whether or not the tenant asks for its return. To avoid any disputes, the tenant should thoroughly inspect the apartment with the landlord before moving in and document any pre-existing conditions. Upon vacating, the tenant should leave the apartment in clean condition, removing all personal belongings and trash from the apartment, and making any minor repairs needed.
Landlords, regardless of the number of units in the building, must treat the deposits as trust funds belonging to their tenants and they may not co-mingle deposits with their own money. Landlords of buildings with six or more apartments must put all security deposits in New York bank accounts earning interest at the prevailing rate. Each tenant must be informed in writing of the bank’s name and address and the amount of the deposit.
Landlords are entitled to collect annual administrative expenses of one percent of the deposit. All other interest earned on the deposits belongs to the tenants. Tenants must be given the option of having this interest paid to them annually, applied to rent, or paid at the end of the lease term. If the building has fewer than six apartments, a landlord who voluntarily places the security deposits in an interest bearing bank account must also follow these rules.
For example: A tenant pays a security deposit of $800. The landlord places the deposit in an interest bearing bank account paying 2.5%. At the end of the year the account will have earned interest of $20.00. The tenant is entitled to $12.00 and the landlord may retain $8.00, 1% of the deposit, as an administrative fee.
If the building is sold, the landlord must transfer all security deposits to the new owner within five days, or return the security deposits to the tenants. Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner. Purchasers of rent stabilized buildings are directly responsible to tenants for the return of security deposits and any interest. This responsibility exists whether or not the new owner received the security deposits from the former landlord.
Purchasers of rent controlled buildings or buildings containing six or more apartments where tenants have written leases are directly responsible to tenants for the return of security deposits and interest in cases where the purchaser has “actual knowledge†of the security deposits. The law defines specifically when a new owner is deemed to have “actual knowledge†of the security deposits. General Obligations Law Article 7, Title 1.
When problems arise regarding security deposits, tenants should first try to resolve them with the landlord before taking other action. If a dispute cannot be resolved, tenants may contact the nearest local office of the Attorney General, listed at the end of this page. [Rent Security Deposit Complaint Form is available on the Attorney General’s website.]
Heres the address to the website i found it on:
http://www.housingnyc.com/html/resources/attygenguide.html#3
Actually, since you want to leave, do just that, leave. Do not give her any more money. If she wants more money, let her take you to court. She will have to show that she deserves the money because that is the amounts she is owed, not that she claims she is owed. That means, if she wished to collect a key fee, etc. she has to show the court that she told you of this beforehand (writing), and she is not allowed to arbitrarily charge you a late fee or a bounced check fee or even change the price of that at any time if it is not in writing.
You may have a month to month continuation of the lease, but the original lease is still in effect, and unless she again, gave you in writing the increase amount, you don’t have to pay it. That means, if you have given her extra money, you get to deduct that too.
There are lawyers at housing court specifically for complainants. Use them. Show up early and put your name down on the list, then tell them what has happened.
To sort out the confusion I think she is saying that the landlord has 3400 dollars of her money out of which she charged her for late fees and keys so now all the landlord has is 2177 which is a little bit more than 1 months rent.
How did you manage to rack up 1223 dollars in late fees etc.?
Is she just making up late fee rates at her will?
Does she want you to pay the last months rent and then she’ll give you the 2177 back?