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ASH
Citizen
Username: Ash
Post Number: 23
Registered: 8-2003
| | Posted on Friday, October 3, 2003 - 6:22 pm: | 
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A non-Maplewood question, but I figure there's probably enough ex-New Yorkers here that someone might know...
We're closing on our new house in Maplewood Oct. 21. Some work needs to be done, but there's a chance we might be able to move in on Oct. 31. We won't know for sure until, well, Oct. 21. In terms of our rental here, we're not on a lease (lovely landlord neglected to send it this year) so I'm assuming we're tenants-at-will right now. The building is rent stabilized and the last lease we signed ran out Aug, 31; we've signed nothing else since then.
What are our obligations in terms of giving them notice? Can we just say on Oct. 21 that we're moving Oct. 31? We're assuming that our security deposit will cover our last month's rent (and are holding off on paying October rent till we know what's going on).
I have no qualms about inconveniencing our landlord, who has been bad about keeping up the building and unresponsive in many other ways, but I'm trying to avoid any sort of legal trouble (or us owing them any more $ than we have to!) Can we skip out with such little notice? Thanks in advance for any insight! |
Joan
Citizen
Username: Joancrystal
Post Number: 1971
Registered: 5-2001
| | Posted on Friday, October 3, 2003 - 7:22 pm: |
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I asked a friend at NYS Division of Housing and Community Renewal. He tells me that you are month to month until a new lease is signed. However, the terms of the old lease including those regarding landlord notification of intent to move remain in effect.
If you have any further questions, he suggests that you contact the Office of Rent Administration of the New York State Division of Housing and Community Renewal. |
ASH
Citizen
Username: Ash
Post Number: 24
Registered: 8-2003
| | Posted on Friday, October 3, 2003 - 7:31 pm: |
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Wow, thank you so much for checking that out for me Joan! I will look at our lease. It may end up being less stressful to just keep the apt. through November anyways since it would require some pretty amazing logistical skills for us to be ready to move in ten days!! Not to mention that the contractors would have to cooperate. Thanks again--what an amazing resource this board is! (as I've said before and I'll say again...) |
1-2many
Citizen
Username: Wbg69
Post Number: 393
Registered: 6-2002
| | Posted on Saturday, October 4, 2003 - 4:08 pm: |
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Month-to-month tenancies - which is what yours has become - generally require one full month's notice to terminate. But I'd double-check the Office of Rent Administration, and, if you can get it, ask them for a NY code section cite, so you'll have it handy if your landlord gives you any trouble.
welcome to Maplewood! |
akl
Citizen
Username: Akl
Post Number: 49
Registered: 8-2002
| | Posted on Saturday, October 4, 2003 - 9:44 pm: |
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You are a holdover. You are obligated to give your landlord at least 30 days notice.
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greenetree
Supporter
Username: Greenetree
Post Number: 1739
Registered: 5-2001
| | Posted on Sunday, October 5, 2003 - 6:49 pm: |
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OTOH- While not legal, he probably won't bother coming after you, since he can probably rent again right away & increase your former rent.
Technically, if he files any action against you for October's non-payment before you close, it could turn up in a title search. Not at all likely, but that's probably more of a risk than skipping out with short notice after you close. |
ASH
Citizen
Username: Ash
Post Number: 25
Registered: 8-2003
| | Posted on Sunday, October 5, 2003 - 7:35 pm: |
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Well I think what we're going to do is give them the proper 30 days notice--tell them Nov. 1 that this will be our last month. But we are not planning on paying rent for November; instead we'll let our security deposit cover that.
My reading of the law on security deposits says that the landlord can use them for unpaid rent, and that the security deposit can only be kept back to pay for damage beyond ordinary wear and tear. The apartment is in good condition, which we plan to document with photos/video.
I'm assuming this should not be a problem. And given this landlord, I think paying Nov. rent and then trying to get the security deposit back would be a nightmare. Any thoughts on this?
Also greenetree, what does OTOH mean? |
sac
Citizen
Username: Sac
Post Number: 741
Registered: 5-2001
| | Posted on Sunday, October 5, 2003 - 10:03 pm: |
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OTOH = On the other hand |
akl
Citizen
Username: Akl
Post Number: 50
Registered: 8-2002
| | Posted on Monday, October 6, 2003 - 10:07 pm: |
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Technically, you have an independent contractual obligation to pay your rent. Still, what you're planning to do is common. We did it ourselves when we moved out of Brooklyn (with consent of landlord).
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Joan
Citizen
Username: Joancrystal
Post Number: 1979
Registered: 5-2001
| | Posted on Tuesday, October 7, 2003 - 5:10 pm: |
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My friend from DHCR recommends against the action you are proposing. Apparently it is not acceptable to consider the security deposit as payment for your last month's rent. |
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