I am trying to as safely as possible move out of my apartment and minimize cost. My landlord has $5200 in security and we have two months left on our lease. Rent is $2600 / month. She has been extremely bad about making repairs, finding reasons to enter our apartment at least twice if not more per month to "talk" but usually she finds some way to make me uncomfortable about hanging my tv or other... [more]
I am trying to as safely as possible move out of my apartment and minimize cost. My landlord has $5200 in security and we have two months left on our lease. Rent is $2600 / month.
She has been extremely bad about making repairs, finding reasons to enter our apartment at least twice if not more per month to "talk" but usually she finds some way to make me uncomfortable about hanging my tv or other wall related things like pictures etc. I have documented numerous problems with lighting fixtures that are permanent as well as a long and drawn out situation with the refrigerator.
I don't want her to keep the deposit but I hate to let her have two more months rent plus the deposit considering we just had to lay down a huge broker fee to move and we have only been here for 5 months. (She is letting us out of our lease early because she doesn't so much get along with me).
I have never been treated this poorly and just generally don't want to negatively affect my credit and hope to never cross paths with this person again.
Feel free to read more about what I have posted about our exchanges here: http://bitchlandlady.tumblr.com/[less]
Response by hoodia
almost 14 years ago
Posts: 154
Member since: Jun 2009
Have you considered talking it out rather than calling her a bitch? New Yorkers are prepared for a fight, but don't always need to get into one if they don't have to.
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Response by PayIt4ward
almost 14 years ago
Posts: 1
Member since: Apr 2012
Been here before... Slumlords know the game they play very well. She's supposed to place the security deposit into a interest accruing account by law. Fact is, you're in the "Luxury" tier of renters here. THIS WILL NOT HURT YOUR CREDIT. If you are moving out June 1st, send her a certified letter May 1st with the address she is to mail your deposit to. The law states she has 30days from the move out date to send it to you. But you must give her the address you want it sent to in writing. If I were you, I would ask her how long after the move out inspection does she plan to return your deposit? If she seems iffy and unsure, by all means, KEEP YOUR RENT. She will find any and everything possible to deduct from your deposit. Take pictures before and after you pack up. The whole "THIS WILL DAMAGE MY CREDIT" is far fetched.
Please note the protocol below:
Housing Court Petition (Initiated by Tenant or Landlord) = The possibility of your name being sold to Credit Score resellers like SafeRent , CreditFacts etc.
This really only applies to people who are evicted and have a holdover case. The judgment (if one is even made), if not paid will show up on your Credit Report in the Public Notice/ Liens section.
In your case you have documented reason for withholding the last 2 months. Considering the amount owed will be zero before the case is even heard, this will go no where. But again, use your intuition and maybe even see legal advice from a Landlord Tenant Attorney to be safe.
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Response by nycesquire
almost 14 years ago
Posts: 24
Member since: Dec 2008
This is a tricky area of the law, but one that, in my experience, is extraordinarily tenant-friendly. Another lawyer I work with, who is very well-known for her craft, was in housing court. Another lawyer saw her in the courthouse hallway, recognized her, and after asking who she represented (she represented a landlord), he asked: "Who's representing the tenant?" She answered "The Judge".
In any case, I digress. If there are *serious* problems in the unit you're leasing, you might consider commencing an HP Proceeding: http://www.courts.state.ny.us/courts/nyc/housing/startinghp.shtml. If the problems with your unit are extraordinarily bad, it might be a violation of your landlord's warranty of habitability. If that's the case, then you may be justified in withholding rent until the problems are fixed. This all depends on lots of details that I don't have of course - this is just food for thought.
Practically speaking, though, if neither of those situations apply to you and you want to withhold rent anyway, you're in a tight spot. She's got two months in her pocket and you want to withhold two months? Looks like even money to me.
As to what Payit4ward was saying about 30 days to return your security deposit... well, I think that's wrong. Last time I dealt with one of these cases, the case law was pretty clear that the landlord has a "reasonable" time to return your deposit, and one case even held that sixty or so days was reasonable. In any event, to be sure I'd have to hit the books ;)
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.
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Marco Santori is a lawyer in New York City, but he isn't *your* lawyer, and you should not rely on this post for legal advice. If you have any other questions, feel free to email at MSANTORI@NMLLPLAW.COM
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Response by huntersburg
almost 14 years ago
Posts: 11329
Member since: Nov 2010
nycesquire, you didn't see the first time this was posted. The blog was unlocked. There was nothing seriously wrong with the apartment, just perhaps the inconveniences of renting from an individual resident landlord in a brownstone.
Have you considered talking it out rather than calling her a bitch? New Yorkers are prepared for a fight, but don't always need to get into one if they don't have to.
Been here before... Slumlords know the game they play very well. She's supposed to place the security deposit into a interest accruing account by law. Fact is, you're in the "Luxury" tier of renters here. THIS WILL NOT HURT YOUR CREDIT. If you are moving out June 1st, send her a certified letter May 1st with the address she is to mail your deposit to. The law states she has 30days from the move out date to send it to you. But you must give her the address you want it sent to in writing. If I were you, I would ask her how long after the move out inspection does she plan to return your deposit? If she seems iffy and unsure, by all means, KEEP YOUR RENT. She will find any and everything possible to deduct from your deposit. Take pictures before and after you pack up. The whole "THIS WILL DAMAGE MY CREDIT" is far fetched.
Please note the protocol below:
Housing Court Petition (Initiated by Tenant or Landlord) = The possibility of your name being sold to Credit Score resellers like SafeRent , CreditFacts etc.
This really only applies to people who are evicted and have a holdover case. The judgment (if one is even made), if not paid will show up on your Credit Report in the Public Notice/ Liens section.
In your case you have documented reason for withholding the last 2 months. Considering the amount owed will be zero before the case is even heard, this will go no where. But again, use your intuition and maybe even see legal advice from a Landlord Tenant Attorney to be safe.
This is a tricky area of the law, but one that, in my experience, is extraordinarily tenant-friendly. Another lawyer I work with, who is very well-known for her craft, was in housing court. Another lawyer saw her in the courthouse hallway, recognized her, and after asking who she represented (she represented a landlord), he asked: "Who's representing the tenant?" She answered "The Judge".
In any case, I digress. If there are *serious* problems in the unit you're leasing, you might consider commencing an HP Proceeding: http://www.courts.state.ny.us/courts/nyc/housing/startinghp.shtml. If the problems with your unit are extraordinarily bad, it might be a violation of your landlord's warranty of habitability. If that's the case, then you may be justified in withholding rent until the problems are fixed. This all depends on lots of details that I don't have of course - this is just food for thought.
Practically speaking, though, if neither of those situations apply to you and you want to withhold rent anyway, you're in a tight spot. She's got two months in her pocket and you want to withhold two months? Looks like even money to me.
As to what Payit4ward was saying about 30 days to return your security deposit... well, I think that's wrong. Last time I dealt with one of these cases, the case law was pretty clear that the landlord has a "reasonable" time to return your deposit, and one case even held that sixty or so days was reasonable. In any event, to be sure I'd have to hit the books ;)
.
.
.
Marco Santori is a lawyer in New York City, but he isn't *your* lawyer, and you should not rely on this post for legal advice. If you have any other questions, feel free to email at MSANTORI@NMLLPLAW.COM
nycesquire, you didn't see the first time this was posted. The blog was unlocked. There was nothing seriously wrong with the apartment, just perhaps the inconveniences of renting from an individual resident landlord in a brownstone.