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dm24angel
Happiness
Member since 5/05 34581 total posts
Name:
Donna
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Lawyers-or anyone who knows about tenant Law
I have a question about leases and moving out and security.
If anyone can help, PLEASE Fm or let me know....
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Posted 4/11/08 6:44 PM  |
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juju
Welcome to the World!
Member since 5/05 6747 total posts
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Re: Lawyers-or anyone who knows about tenant Law
http://www.oag.state.ny.us/realestate/tenants_rights_guide.html
Hope this helps
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| Posted 4/11/08 7:00 PM |
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dm24angel
Happiness
Member since 5/05 34581 total posts
Name:
Donna
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Re: Lawyers-or anyone who knows about tenant Law
Not so much  But thanks so much Judy!
I know the basic laws..
We have no lease and they have a LOT of our security money and we are trying to get out without being sued and Im trying to see what they can sue us for if anything and how long they have with the security as we already got a letter from their lawyer. 
Message edited 4/11/2008 7:56:43 PM.
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| Posted 4/11/08 7:56 PM |
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Stacey1403
Where it all began....
Member since 5/05 24065 total posts
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Re: Lawyers-or anyone who knows about tenant Law
If you have no lease I am pretty sure it means it is month to month and as long as you give a months notice, and didn't destroy their property they have to give you your deposit back.
Message edited 4/11/2008 8:03:44 PM.
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| Posted 4/11/08 8:02 PM |
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MST9106
My life:)
Member since 6/06 9589 total posts
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Re: Lawyers-or anyone who knows about tenant Law
Posted by Stacey1403
If you have no lease I am pretty sure it means it is month to month and as long as you give a months notice, and didn't destroy their property they have to give you your deposit back.
You should have no worries if there is no lease, as long as you gave them sufficient notice which the standard is 30 days. As far as the security goes, unless there are certain damages in the house that are your fault, the landlord is allowed to subtract that from the security. Otherwise, it should be 100% refundable to you.
ETA: And whats up with the letter from their atty?
Message edited 4/11/2008 8:12:22 PM.
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| Posted 4/11/08 8:11 PM |
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dm24angel
Happiness
Member since 5/05 34581 total posts
Name:
Donna
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Re: Lawyers-or anyone who knows about tenant Law
Posted by Stacey1403
If you have no lease I am pretty sure it means it is month to month and as long as you give a months notice, and didn't destroy their property they have to give you your deposit back.
Im trying to see if there is a time frame.
We have heard they take months.
Also we told them to use last months rent ( that was given when we moved in) as last months rent and we just got a lawyers letter saying to leave in 3 days 
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| Posted 4/11/08 8:11 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
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They call me "Tater Salad"
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Re: Lawyers-or anyone who knows about tenant Law
You have FM. 
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| Posted 4/11/08 8:13 PM |
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Stacey1403
Where it all began....
Member since 5/05 24065 total posts
Name:
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Re: Lawyers-or anyone who knows about tenant Law
Posted by dm24angel
Posted by Stacey1403
If you have no lease I am pretty sure it means it is month to month and as long as you give a months notice, and didn't destroy their property they have to give you your deposit back.
Im trying to see if there is a time frame.
We have heard they take months.
Also we told them to use last months rent ( that was given when we moved in) as last months rent and we just got a lawyers letter saying to leave in 3 days
They are not allowed to do that. They would have to go through the eviction process. This I knoe because it happened to my sister and BIL when their tenant stopped paying rent. They couldn't kick him out at all. It took like three months too.
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| Posted 4/11/08 8:15 PM |
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Stacey1403
Where it all began....
Member since 5/05 24065 total posts
Name:
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Re: Lawyers-or anyone who knows about tenant Law
Is it a legal apartment, because you can report them if it isn't 
Message edited 4/11/2008 8:22:04 PM.
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| Posted 4/11/08 8:21 PM |
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dm24angel
Happiness
Member since 5/05 34581 total posts
Name:
Donna
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Re: Lawyers-or anyone who knows about tenant Law
Posted by Stacey1403
Is it a legal apartment, because you can report them if it isn't
It is..LOL..its a building they own.
Just seems silly to try to get our rent from us..when technically they will just be giving us that money , and we would be handing it back.
Dont know whats up with them.
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| Posted 4/11/08 8:24 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Lawyers-or anyone who knows about tenant Law
when ever I have moved out of an apartment- I have paid the last months rent
and then gotten my sercuirty back
it seems silly- but that is the way it is- and since you don't have anything in writing from them- you technically owe them the money -
they normally would never let you live out the security b/c what if there is damage- then they are out the money for repairs-
have you called them?
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| Posted 4/11/08 8:29 PM |
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MsMBV
:P
Member since 5/05 28602 total posts
Name:
Me
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Re: Lawyers-or anyone who knows about tenant Law
If the security money is in an escrow account, can they use it for rent?
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| Posted 4/11/08 8:52 PM |
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juju
Welcome to the World!
Member since 5/05 6747 total posts
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Re: Lawyers-or anyone who knows about tenant Law
Posted by Beth1210
when ever I have moved out of an apartment- I have paid the last months rent
and then gotten my sercuirty back
it seems silly- but that is the way it is- and since you don't have anything in writing from them- you technically owe them the money -
they normally would never let you live out the security b/c what if there is damage- then they are out the money for repairs-
have you called them?
I agree with this. In all of the apartments I have lived in, this is how it has always been.
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| Posted 4/12/08 8:36 AM |
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