Legal Question in Landlord & Tenant Law in New York
notice to vacate after lease ends
Hi --
My lease ended on 1/31/2009. I had
sent my landlord notice that I did not
plan to renew in December. During
the second week of January, he calls
me and claims he had not received
my renewal form. I informed him
that I had sent that form in
December and that I was not
planning to renew. After moving out
at the end of January, I have had to
constantly call him to send me my
security deposit. Today, I received a
check for part of the amount. He
states in a letter that since I did not
provide notice of vacating before
1/1/09, he withheld part of my
security deposit.
I did mail the notice in December but
have no proof since it was sent via
regular mail.
No where on the lease does it state
that I have to provide him 30 days
notice to vacate if I plan to leave
after my lease expires.
What can I do?
Thanks.
Jenny
1 Answer from Attorneys
Re: notice to vacate after lease ends
Sue the landlord in small claims court. You don't need a lawyer and most of the clerks in small claims court (at least in the courts I've practiced in) are extremely helpful.
If the facts that you are giving me are correct, I think you have an excellent case and I don't think you need a lawyer.
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