security deposit not being returned due to not enough notice

[berryboy]

my question is in regards to my security deposit not being returned. i was on a month to month lease in suffolk county, ny and i gave my landlord only 18 days notice that i was leaving, not a full 30. i asked today for a final walk through( there is no damage to the apt) to go over everything and so i can get my security deposit refunded and my landlord did not grant me a final walk through and said he would let me know how quick he is able to rent the place to see if i will get back any of my security deposit. basicaly if he rents it soon he will give me back some otherwise he is keeping it. i have been trying to research online and it seems like i am responsible for 30 days notice and i think would be responsible for some additional payment since i didint give 30 days, i think it would be for the remaining days adding up to 30 days(in this case 12 days, so 12 X the daily rent amount would be the total owed) is this right? can he just keep my security and say if he rents it early enough he will return some? also is it my right to be present for a final walk through?
thanks

 

[Gail_in_Georgia]

You are correct in what you have read; to terminate a month to month tenancy legally in New York either party (the landlord or the tenant) must give a 30 day written notice.

New York is also one of the few states where a time limit on security deposit return is not specified by a number of days. The security deposit is to be returned "within a reasonable period of time" after the tenancy ends. As a general rule this is typically seen as within 2 months.

Gail

 

[berryboy]

Thanks, so in this case after I have met the 30 days required(meaning that I would be repsonsible to pay for the difference in rent up to 30 days since i only gave 18, which i am fully prepared to do) the remainder of the security should be returned to me being that there is no damage to the place right? As of right now my landlord is not even saying he will return any of it to me.

 

[Gail_in_Georgia]

Your security deposit should be returned to you minus any owed rent AND damages above normal wear and tear.

Since it sounds as if you have not moved out yet (correct?) your landlord cannot, at this point, tell you if you will get any of it back as there has been no inspection of the condition of the unit.

Also please keep in mind that any final walk through (whether the tenant is present or not) is not the final "say so" in finding damage above normal wear and tear. That is why states give landlords a time period before the security deposit must be returned to the tenant. Sometimes damages are found after this walk through.

If you are concerned that you might be charged for damages that are not present, it would be a good idea to take pictures of the rental unit at move out should you need them as evidence to dispute any claims that the landlord might have for keeping the security deposit.

Gail