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When I moved into my apt 4 years ago I gave first and last months rent upfront as well as a security deposit (edit, sorry) Well, I am moving in a few days (9th of Sept), am going to hire someone to give the apartment a steam cleaning, sprucing up until the end of the month and hand over the keys. The thing is, I am going to use half the deposit towards my rent. Since this is a form of an escrow account can I legally do this in NY? There are no stipulations in our rental agreement (month to month) minus giving a 45 day heads up (which I did)
thanks all!
Last edited by ianwaters; 09-09-2010 at 05:23 PM..
I thought you paid the last month's rent when you took the apartment? Why would you have to use the security for the last month?
Anyway.....
Legally, you're not supposed to do this. HOWEVER, if I were you, I would do whatever I could do to use that security deposit toward your last month or last half-month or whatever you're planning on doing. The vast majority of LI "landlords" are clueless and will just try to keep it and claim you've damaged the apartment and you'll never get it back.
I've lived in buildings in NYC and private-home apartments on LI and I can tell you, LI "landlords" are the biggest bunch of freaking idiots I've ever had to deal with. They haven't a clue what it is to be a landlord and think all they have to do is come to your door on the 1st of the month with their hand out, salivating for the rent. Most of the time, the tenant has the upper hand since most of the apartments out here are illegal. If the LL tries to take you to court, you can simply draw up reply papers stating he's not entitled to anything because it's an illegal dwelling.
When I rented I gave 1 months rent and a security deposit. I recall using my security deposit as my last month's rent in my first apartment. I also think I did that in my last apartment but I really can't recall. Unless you ruined something in the apartment, I don't see why you couldn't use your security deposit as your last month's rent.
Also, if you are renting an apt. in someone's home and they live there as well, it is an illegal apartment so in reality, you can do whatever you want. No lease would ever hold up in court in that respect. They cannot come after you legally if it is an illegal rental. I think you are being responsible by giving them 45 days notice.
Security deposit should not be used towards last months rent. Although you sound responsible, I have seen too many landlords ripped off by tenants not paying the last months rent and assuming that the landlord will apply the security deposit. This leaves the landlord with no money to repair the damage left behind by the tenant.
Security deposit should not be used towards last months rent. Although you sound responsible, I have seen too many landlords ripped off by tenants not paying the last months rent and assuming that the landlord will apply the security deposit. This leaves the landlord with no money to repair the damage left behind by the tenant.
True, but the OP sounds like a responsible person. He moved out yesterday (according to his post). He's now getting the entire place steam-cleaned and cleaning/sprucing the place up from now until the end of the month so it's in good condition when he turns over the keys.
There's no reason for the landlord not to let him use the security deposit. He should be happy the tenant is steam cleaning, etc.
However, we all know that LI LLs never put those security deposits in an escrow account. They spend the money as soon as they get it and the tenant is out of luck when they move when the LL finds a spot on a wall and claims they have to replace the entire wall or a smudge and they claim they have to repaint the entire apartment and it will conveniently cost the exact amount of the security deposit to do.
I thought you paid the last month's rent when you took the apartment? Why would you have to use the security for the last month?
Anyway.....
Legally, you're not supposed to do this. HOWEVER, if I were you, I would do whatever I could do to use that security deposit toward your last month or last half-month or whatever you're planning on doing. The vast majority of LI "landlords" are clueless and will just try to keep it and claim you've damaged the apartment and you'll never get it back.
I've lived in buildings in NYC and private-home apartments on LI and I can tell you, LI "landlords" are the biggest bunch of freaking idiots I've ever had to deal with. They haven't a clue what it is to be a landlord and think all they have to do is come to your door on the 1st of the month with their hand out, salivating for the rent. Most of the time, the tenant has the upper hand since most of the apartments out here are illegal. If the LL tries to take you to court, you can simply draw up reply papers stating he's not entitled to anything because it's an illegal dwelling.
Yep, it's a racket up here. The equivalent of three months' rent just to move in? Gee, another six months and you're halfway to a downpayment on a house.
I much prefer the system in other parts of the country: When you sign your lease, you pay your first month's rent and a non-returnable fee (anywhere from $350 to $500 or a certain percentage of your monthly rent) that the landlord will use to clean the apartment and make any repairs after you move out. If the landlord is smart, they get carpets and paint in bulk and know how to be cost-effective with that fee. Sorry, it doesn't cost $1,600 to clean a carpet, paint some walls, and fix a knob that wore loose with normal wear and tear. If the tenant does extensive damage to the apartment, that's what court is for, and the tenant should know it. And what is this crap about the tenant having to scrub down an apartment after they move out? Nuh-uh. Cost of business for the landlord. Again, smart ones have people for that.
Of course, heaven forbid a landlord up here install a new carpet for every tenant, but don't get me started. Seems we should all be lucky they even paint. I'm in a good place now, but by and large, landlords up here suck.
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