Small claims suit for sec. deposit w/ insufficient notice

[arty]

Hi there,
I am considering suing my LL for return of security deposit in Brooklyn, NY but my situation is not as black & white as I hoped. Here are the details of my case:

• 1-year fixed term lease specified an expiration date of Feb. 1 ,2010
• Lease included an addendum that required tenant to give 30 days notice
• Notice was given on Jan. 18, 2010
• 3 certified written notices were sent, along with a mediation attempt by the NY Attorney General's office

How strong is my case given the addendum clause and insufficient notice? Also, is it appropriate to sue for the whole deposit amount or the amount prorated for insufficient notice (deposit less 18 days rent).

Thanks,
Arthur

 

[army judge]

If the lease said 30 days, only 30 days satisfies the lease. In most cases, if you don't meet the notification guidelines, the lease automatically renews or becomes a month to month tenancy.

 

[arty]

Hi Amy,
There is also a clause in the addendum that reads:

Security deposit not to be used as last month rent

.

If LL were to withhold on the grounds of an auto renewal, he would be usiing the deposit as rent no? Also, if the lease has a fixed term, it seems it is equally the LL's responsibility to ask T if he wants to auto-renew after the lease expires.

Thanks,
Arthur

 

[Gail_in_Georgia]

You do understand what an auto-renew is, correct?

Your lease included an addendum requiring you (as the tenant) to give 30 days notice regarding termination of the lease. It's not up to the landlord to have to chase a tenant down and ask them if they want to renew or terminate.

In an auto-renew if no notice to terminate is provided by the tenant, the lease automatically renews for another year.

Gail