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?
Normally its not a good idea to withhold rent, BUT you are leaving anyway any your landlord is clearly a slime-ball.
You can expect that this will end up in landlord tenant court — so it is better for her to be suing you for money than you suing her to get back your deposit. Your landlord will no doubt claim that you have destroyed the apartment and that you own her the deposit and more.
My advice — stop paying rent. If she has the equivalent to two month rent, stay for two month without paying rent. The landlord cannot resort to “self help†to get you out — she needs to go through the courts.
Take lots of photos of the empty apartment before you leave (to bring to court with you later).
She will likely take you to landlord – tenant court, but it is highly unlikely to be resolved within those two months.
Wow! What a beauty.
“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.”
Now that’s gangsta!
“She said I could use Dec ’09 but not Jan ’10. She said she had too many bills to not receive rent for Jan.”
Uh huh. Ponzi finance. Rob Xavier, pay Paul.
“I then decided to stay in apartment and paid rent for Jan ’10.”
WEAK!
“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.”
Gangsta!
“she makes me pay her in money orders”
Gangsta!
“My landlord (who was hiding around the corner) snatched the paper from her “friend’s” hand and tossed it into my apartment.”
Gangsta!
“a statement saying I will not use my security as last months rent.”
Gangsta!
I tell ya – Brooklyn has some real live hustlas.
What does your rental agreement say? [Uh oh!]
Seriously, grow a set of steel ones. Housing court will eat her ALIVE (assuming you have all your receipts of money orders. If not, hope you purchased them with a plastic paper trail.)
Good luck! Sorry for being an asshole. Just trying to toughen you up.
***Bid half off peak comps***
Your story is difficult to follow for me too. But don’t fool around. Go to a tenant lawyer — I recommend Marc Aronson on Smith Street. Look up in telephone book — a grisly, rough around the edges lawyer who probably wrote the book on tenant landlord law. Don’t do anything else and don’t worry. Get some real advice. You need to sort the situation out piece by piece but you will get your money back if you are careful and keep cool. Get advice today.
Can’t imagine how it is in your interest to give her any more money. Seems clear you will have to take her to small claims to get your deposit back.
Yes, get a lawyer. This site
http://www.nycourts.gov/courts/nyc/housing/resourcecenter.shtml
includes info on asking for free help at the courts.
When you said you were going to leave the apartment is not relevent if she continued to accept the rent. If your lease is expired, taking that rent makes you a month-to-month tenant. If your lease is still in force, it’s still in force and key charges etc. are uncollectable
Don’t pay her any more money. She can not put you out without proceedings. If she tries, call the police.
And speak to a lawyer. Best of luck.
I cannot quite follow your story.
So as of now, the landlady has $1750 from you, which you thought was a deposit, plus an additional $1750, which you thought was last month’s rent?
If that’s the case, then you owe her $100 for the last month’s rent (since she increased the monthly). Then she should return the deposit to you minus any legitimate damages.
She is perfectly within her rights to ask you to vacate by Sept. 30.
If I have misunderstood, and she only has $1750 from you, then technically you should give her last month’s rent.
When you move out, make sure everything is scrupulously clean and in perfect working order. Hire a cleaning service if you must. Document it — take photos of everything.
Talk to a lawyer (you cant be told that enough).
Usually a lawyer will tell you to pay your rent, but that advice only applies when you are trying to keep an apartment. Your synopsis is a bit confusing, but if you intend to move out October 1st, just don’t pay the last month’s rent.
Month-to-month leases typically have a 30-day termination – so the LL is entitled to give you 30 days notice (but her termination date is the same date you want to move out?). If you’ve already paid the last month’s rent, you will probably have to go to small claims court to recover it.
Document everything, in particularly the condition of the apartment when you move out.
Holy crap! What a nut job. She locked the basement because she thought someone sabotaged that old ass boiler?
I wouldn’t be surprised if she were in serious financial trouble.
Also check out this site, http://www.tenant.net/nyc.html. I used it during my last rental fiasco and it helped a lot in terms of finding someone to talk to.
Xavier,
Document everything thoroughly. The important thing here is to behave in a better manner than the situation warrants. Hard though it might be, just resist the urge to stoop to her level.
I’m not sure what fees she’s referring to – how do you rack up $1300 in fees? Given her instability, perhaps prudent to leave owing her as little as possible and then take it up in small claims (housing) court?
Good luck,