And how about my Security?

vw1463November 4, 2007

Hi, I live in Corona NY.

I lived in and apartment for one year, now the lanlord notify me that i need to move because he need to vacant the house, he is going to sale the house.

he told me that for the mean time i dont have to pay this month, yesterday they told me I have till the 20 of this month to move.

The question is: since he is the one requesting me to move, am I entitle to my month security?

By the way Im in a month to month renting...

Thanks Victor

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bud_wi

In answer to your question, yes, you are entitled to get your security deposit back. Go through the normal walk through and make sure you receive the paperwork indicating that there is no damage to the property.

I do not know what the law is in NY, but where I live, a person on a month to month agreement must receive a 28 day notice to vacate. I would assume that there is a similar law in place in NY. I would be surprised to hear that a LL can ask a tenent to leave with only a two week notice.

    Bookmark   November 5, 2007 at 5:01AM
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moonshadow

You're entitled to your deposit as long as there is no damage and no past due rent. I would make sure your landlord does not intend to keep two+ weeks worth of the Deposit toward rent for this last couple week period, after telling you that you 'don't have to pay rent'.

BTW, s/he didn't legally give you enough time. Per NY State landlord/tenant laws, a 30 day minimum notice is required on either party's part for termination of a month-to-month lease. I haven't yet found where sale of the building impacts notice time (i.e. shortens it, which is doubtful). I put in all my leases if the house is sold tenants will be given 30 days notice.

Scour the link below, it's an easy read and it addresses SD, what happens when the building is sold, etc. and gives local phone #'s for Atty General offices should you have further questions.

Here is a link that might be useful: NY State Tenant's Rights Guide

    Bookmark   November 5, 2007 at 6:34AM
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redcurls

I hope that part where you were TOLD you didn't have to pay rent this month is in WRITING. If not, it could come back and bite you in the a$$.

    Bookmark   November 9, 2007 at 12:51AM
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