DBG, if landlord violated some rules, can I get my deposit back?
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Date: March 24th, 2017 5:23 PM Author: Doobsian really tough guy
I owe it back to her since I'm leaving without giving notice, which we agreed on in the contract. (which is month-to-month by the way.)
But she fucked around a lot, including not plowing the snow a few times during major storms, adjusting the temp on the shower valve so the water was lukewarm, etc. Some other things too. Dishonest piece of shit.
I want my 350 back. How would you go about it?
(http://www.autoadmit.com/thread.php?thread_id=3563268&forum_id=2#32909284) |
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Date: March 24th, 2017 6:04 PM Author: razzle-dazzle wrinkle
>>I owe it back to her since I'm leaving without giving notice, which we agreed on in the contract. (which is month-to-month by the way.)
this might not be a valid contract provision. could be an unenforceable penalty clause. a liquid damages provision cant be a penalty; it has to be a reasonable approximation of damages
further, state security deposit law may make that provision unenforceable bc a security deposit is supposed to be for damage to the apartment, not a lease-breaking penalty. check you state's law.
>>But she fucked around a lot, including not plowing the snow a few times during major storms, adjusting the temp on the shower valve so the water was lukewarm, etc. Some other things too. Dishonest piece of shit.
threaten to sue her not only for return of the security deposit, but also for a bunch of other shit. implied warranty of habitability type of shit.
(http://www.autoadmit.com/thread.php?thread_id=3563268&forum_id=2#32909615) |
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Date: March 24th, 2017 6:50 PM Author: Doobsian really tough guy
here is what the law says:
A monthly tenancy or tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the landlord or the tenant upon his notifying the other at least one month before the expiration of the term of his election to terminate;  provided, however, that no notification shall be necessary to terminate a tenancy for a definite term.
- See more at: http://codes.findlaw.com/ny/real-property-law/rpp-sect-232-b.html#sthash.TEEPBJk3.dpuf
it looks like i am required to give her 30 days.
But there is no provision in there that says she gets to keep my deposit if I don't. But i suspect that's how it's enforced?
(http://www.autoadmit.com/thread.php?thread_id=3563268&forum_id=2#32909985) |
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Date: March 24th, 2017 7:26 PM Author: razzle-dazzle wrinkle
the landlord is allowed to make deductions from the security deposit for owed rent.
if you didnt give her 30 day's notice, you owe her rent for 30 day's notice.
but she has a duty to mitigate.
(http://www.autoadmit.com/thread.php?thread_id=3563268&forum_id=2#32910216) |
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