when your lease ends...

lila_bean

Okay, admittedly, I did something stupid. I'm phone-phobic and hard of hearing, so I avoid calling people when I think it can be avoided. That said, I recognize that this was dumb.

So. My lease ended June 30. I didn't alert the realty company that handles the building because I thought if my lease didn't have an automatic renewal clause (which it didn't) and I made no effort to renew, it was understood that I was moving. I cleaned, I painted, I left the keys and got out.

(I've done similar things with other apartments in other cities, though I admit I was taking the route of least interaction.)

So I called the realty office today to give them my new phone number in case they needed to contact me about my security deposit. They were like, "You moved?" I've never been late for a rent payment before, so I was surprised they were just wondering why I hadn't paid in almost 3 weeks.

A little later, my landlord called. He doesn't think I'll be able to get my security deposit back. I apologized for the misunderstanding and explained that I've done this type of move-out before; plus, as I said above, my lease was over.

So --- and I feel really dumb right now, so your being a little gentle is much appreciated --- what's the best way to talk them into giving me any of my deposit back? Is it worth it? Lord knows I could use the money.

MOD

"an automatic renewal clause (which it didn't) "

I have no idea, but it sounds like your rental agency dropped the ball. I fear that you might have to go to court to figure this out. Good luck, I'm sure there were errors on your side, but the rental agency/landlord should have been on top of things the month or more before your lease was up.

apophis36

I'd check with the experts at tenant.net, who would know more about this than me...I'd be really surprised if you didn't get the deposit back in the end...

In general, if there is no automatic renewal or notification clause, the lease ends on the agreed upon date, and the LL owes you your deposit back minus damages, etc. I'm not at all sure there were errors on your side (Dropping them an email would have been a nice courtesy, but definitely isn't required)...It is up to the LL to extend the lease, or otherwise be sure you were staying.

armchair_warrior

generally when the lease is over it becomes automatically a month to month lease. unless you told them that you were moving out.

check with tenant.net folks

modsquad2.0

Bizarre. The question is, how do you officially "surrender' the apartment. The month to month provision is meant to protect tenants. In this case it has worked against you. At the very least you are obligated to give back the keys and say good bye at the end. The Landlord cannot legally enter and repossess the apartment until you have indicated that you are/ or are leaving, Even if it is at the end of term.
Was management negligent? Yes.

Here's a link for month to month, for all tenants in NYS, not just RS.
http://www.housingnyc.com/html/resources/attygenguide.html#3

lila_bean

Thanks for all the advice and some encouragement. As to the month-to-month tenancy issue, this is what the NYC tenants' rights board says:

"In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)"

I think the "if the landlord accepts their rent" may be my saving grace since I never paid rent after my lease ended. We'll see. And I'll check out tenant.net. Thanks for the tip.

independent mind

do you have to repaint an apartment when your lease is up? I've never heard of this.

modsquad2.0

independent mind wrote: do you have to repaint an apartment when your lease is up? I've never heard of this.

No repainting is required.

I'm actually changing my advice given earlier. After consultations with my associates and careful readings of several "end of term" clauses we have come to the conclusion that the burden of proof is on the LL to show that you stayed pass the end of the lease. Although it would of greatly simplified the vacating by giving the keys to someone at management the fact is they have no evidence that you actually stayed pass "end of term".
If you want to forgo direct confrontation with this landlord I'd send a cert. letter stating this plus some evidence that you started a new lease somewhere else. That evidence would be copies of the first and signature pages of a new lease. Redact what you wish.

My friend Andy Cuomo said he would send a dunning letter on your behalf to the landlord also:
http://www.ag.ny.gov/resource_center/complaints/pdfs/cns003web_rentsecurity.pdf

Your last stop is probably small claims if that doesn't work:

http://www.nycourts.gov/courts/nyc/smallclaims/index.shtml