Looking for a non violent solution to dealing with a slumlord, I recently moved out a a god forsaken apartment after suffering there for nearly 3 years.
Upon initially moving in the condition was terrible, during my time as a tenant I painted walls kept the place nearly immaculate and though there were minor damages incurred by an idiot neibor I personally repaired the damages and in doing so improved the apartment from it's previous state.
The condition were so bad that the landlord didn't even bother to ask me to renew my lease when it initially ran out, instead allowed me to pay month to month without a lease knowing that I would vacate at a moments notice. And when the oppurtunity arrose I did just that.
The main argument was I did not give a 30 day notice, and a few purely minor things as the basis for not returning my deposit. Does anyone know if i have a case.
Serious responses only please as this is a serious matter.|||Not giving the landlord the required 30 day's notice may be on his side. He could claim he's keeping the security deposit because of that. He actually has a right to do that. Try contacting Housing Rights -www.hrc-la.org That's obviously for Los Angeles, but they'll be able to tell you where to go in your area. I've been both a manager and a tenant and have been helped many times by this agency. Good luck and dont let the landlord bully you. You can also go to small claims court-but try the Housing Rights first.|||small claims court|||Absolutely take him to small claims for your deposit. I took a real estate course, not all of it but enough to learn my rights and when this dreadful couple we rented a house from tried to keep our deposit, we took them to court and WON. We got our deposit back and they had to pay court costs.|||in most cases a thirty day notice is needed for a heads up so the landlord can start to advertise did you take pictures when you moved in to show the condition and pictures of when you moved out I'm afraid you will have to go to small claims court to get it back you will need all documentation to show the apartment condition when you moved in and when you moved out that alone does not mean you will get all your deposit back but you should get a good portion back
lots of luck|||It doesn't matter. The law says you have to give a 30-day notice...you didn't give it.
The landlord has the right to be compensated for lost revenue. He keeps your deposit.
Here it is:
Posted: Sat Aug 05, 2006 10:39 am Post subject: Month-to-Month Tenants in NY
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Month-to-Month Tenants in NY
Tenants who do not have leases and pay rent on a monthly basis are called month-to-month tenants. In apartments that are not rent regulated, tenants who stay past the end of a lease are month-to-month tenants if the landlord accepts their rent. (Real Property Law 搂232-c)
In New York City, the landlord must serve the tenant with a written termination giving 30 days notice which must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. This notice must be served according to the provisions of RPAPL 搂 735. For example, if the rent is due on the first of each month, the landlord must serve notice by August 1st that he wants the tenant to move out by August 31st. (Real Property Law 搂232-a)
A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's oral or written notice. For example, if the rent is due on the first of each month, the landlord must inform the tenant by July 31st that he wants the tenant to move out by August 31st. (Real Property Law 搂232-b)
This notice does not automatically allow the landlord to evict the tenant; the landlord must still begin eviction proceedings in court (see: http://www.tenant.net/Court/Howcourt/ind鈥?/a> ).
A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. However, if the tenant does not consent, the landlord can terminate the tenancy by giving notice as required.
Search the TenantNet Forum or Housing Court Decisions for 232-a, 232-b, or 232-c for many court decisions and previous forum discussions concerning this issue
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