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Legal rights for month to month tenant with NO rental agreement or lease New York

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  • Legal rights for month to month tenant with NO rental agreement or lease New York

    I have been living in my apartment for over a year and never signed a rental agreement or lease. I just told my landlord i was moving out this weekend and she said she will not give me my security deposit back. Legally, does she have the right to keep it even though i never signed any sort of agreement? Also, as i explained to her - the apartment has an awful mold problem...which is one of the main reasons i am moving out.

  • #2
    The landlord normally cannot withhold the security deposit for any reason other than to make repairs to the property (above normal wear and tear) made by the tenant or to cover an amount of unpaid rent. Even without a lease, you are considered a month-to-month tenant and need to give at least 30 days notice to vacate the property. If you absolutely cannot stay for another 30 days, you can technically vacate sooner than that but you will probably be required to pay the full month's rent in order to prevent the landlord from keeping the security deposit.

    As for the mold problem, if you never notified the landlord before now it doesn't affect the fact that you still need to provide the landlord with at least 30 days notice before moving out.
    Last edited by rainasky; 09-29-2006, 01:36 PM.

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    • #3
      Rental House infested with Bats

      I have a niece that rented a house about 2 months ago, the attic is infested with bats. In the closets and area where there are openings the bats fecal matter gets all over the floors and everything. Her 1 1/2 year old
      has been sick every since they moved into this house, they took her to the doctor and the doctor called the State Health Department on the Landlord
      they also stated that could not go back into the house because of the infecticious diseases due to the bats. My niece contacted the landlord several time concerning the bats she will not respond. The landlord stated that she will not give her the deposit of $600.00 back and my niece just paid her October rent of $650.00 and she said she will not give that back either.
      SHe refuses to talk about the bat problem. What can be done about this.
      She did sign a 6 month lease with the landlord. What does she need to do.

      Thank you for any help.

      Tammy

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      • #4
        You need to create your own thread and post this problem again there.
        What state is this happening in?

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        • #5
          Mississippi

          Originally posted by rainasky View Post
          You need to create your own thread and post this problem again there.
          What state is this happening in?
          This is happening in the state of Mississippi !

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