Lease Termination and Relocation by Landlord

[dkennett]

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[army judge]

Yes, your move, prior to the signing (which would have been your acceptance) of his offer; more than likely cost you the offered compensation.

You should speak with an attorney, if you wish to pursue the matter.

Anytime you are made an offer, the offer is not accepted until you comply with the terms of the initial offer.

What you did is considered a counter-offer.

Your counter-offer seems to have been rejected by the landlord.

I am puzzled why you didn't sign the offer and get it notarized, before moving.

You could have moved and still signed, notarized, and returned the offer.

Now, you have to negotiate with the former landlord.

He doesn't owe you anything, because you rejected his offer by modifying it.

Maybe, just maybe, you can salvage something by counter-offering to accept 3 months, rather than the initial 4.5 months?

 

[dkennett]

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[army judge]

Thank you for the advice!! I did sign the agreement prior to my relocation. I gave the signed agreement back to my landlord, and he said he would sign it asap. Which he now says he didn't. I have an e-mail message from his lawyer which states that he agreed to the terms of the agreement and would sign. Bum situation, I know. Silly me, trusting the guy.

Law isn't about trust, otherwise it would be called TRUST and not LAW.

You failed to have the document NOTARIZED.

According to your narrative, you said you were asked to SIGN IT and have it NOTARIZED.

You SIGNED it, but didn't have it NOTARIZED.

Thus, you failed to comply with the offer.

As I said, it has to be done precisely as stated, not almost or nearly.

Email messages have NOTHING to do with the facts in this matter.

Does he have any grounds based on the fact that [he says] he doesn't have a copy of my lease to withhold my security deposit?

Thank you!!

Your security deposit is controlled by NY state law and your lease.

Look to the lease terms for that answer and NY law.

Did the lease require you to give notice prior to moving?

I am sure it did.

How much notice?

If you failed to comply precisely with the elase terms, your security deposit might be in jeopardy.

Read the lease for information about what you and the landlord agreed to in regard to the return of your security deposit and then consult NY law.

Easier than that, ask the landlord about it.

Ask him when you will be getting the deposit back.

In NY, there is a statutory time in which the landlord has to give you an accounting of any alleged damages and repairs, and have the money back to you.

Here is what the NY Attorney General has to say about returning security deposits:

At the end, you'll see a couple of links, one to NY City Housing Information and the NY Attorney General.

RENT SECURITY DEPOSITS

Virtually all leases require tenants to give their landlords a security deposit. The security deposit is usually one month's rent. If a lease is renewed at a greater amount or the rent is increased during the term of the lease, the owner is permitted to collect additional money from the tenant in order to bring the security deposit up to the new monthly rent. A landlord may use the security deposit as a reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment, or a reimbursement for any unpaid rent.

The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. The landlord is obligated to return the security deposit whether or not the tenant asks for its return. To avoid any disputes, the tenant should thoroughly inspect the apartment with the landlord before moving in and document any pre-existing conditions. Upon vacating, the tenant should leave the apartment in clean condition, removing all personal belongings and trash from the apartment, and making any minor repairs needed.

Landlords, regardless of the number of units in the building, must treat the deposits as trust funds belonging to their tenants and they may not co-mingle deposits with their own money. Landlords of buildings with six or more apartments must put all security deposits in New York bank accounts earning interest at the prevailing rate. Each tenant must be informed in writing of the bank's name and address and the amount of the deposit.

Landlords are entitled to collect annual administrative expenses of one percent of the deposit. All other interest earned on the deposits belongs to the tenants. Tenants must be given the option of having this interest paid to them annually, applied to rent, or paid at the end of the lease term. If the building has fewer than six apartments, a landlord who voluntarily places the security deposits in an interest bearing bank account must also follow these rules.

For example: A tenant pays a security deposit of $800. The landlord places the deposit in an interest bearing bank account paying 2.5%. At the end of the year the account will have earned interest of $20.00. The tenant is entitled to $12.00 and the landlord may retain $8.00, 1% of the deposit, as an administrative fee.

If the building is sold, the landlord must transfer all security deposits to the new owner within five days, or return the security deposits to the tenants. Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner. Purchasers of rent stabilized buildings are directly responsible to tenants for the return of security deposits and any interest. This responsibility exists whether or not the new owner received the security deposits from the former landlord.

http://www.housingnyc.com/html/resources/attygenguide.html#6

http://www.housingnyc.com/html/resources/faq/security.html

 

[dkennett]

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