Legal Question in Landlord & Tenant Law in New York
We told our landlord that wanted to continue a lease with her apt. for another yr. (at this point it was aug and our previous lease ended in June), I then changed my mind 1 week later and called her soooo many times to tell her this, leaving messages, which she never returned. A month later she put a new lease under the door to sign and then she finally returned my phone call, at this time was able to tell her I would not be re-signing. After staying in the apt. until Nov. 30th (another two months, upon her request so she could find new tenants) I moved out. She just returned the security deposit (Dec. 8th) and it was less several fees, which I find to be invaild, however in particular she charged $200.00 for drawing up the lease and then due to not signing. Can she charge this fee? I attempted to tell her I did not want another year lease, she did not pick up her phone/return my calls. (Her lease also states that the deposit will be returned within 60 days of the lease ending...because she did not return it within 60days- is there any way she loses right to deduct from the deposit?).
2 Answers from Attorneys
Q. in particular she charged $200.00 for drawing up the lease and then due to not signing. Can she charge this fee?
A. Unless there is a clause in your lease stating that you would be responsible for attorney fees for the production of a new lease, the answer would be no.
Q. Her lease also states that the deposit will be returned within 60 days of the lease ending...because she did not return it within 60days- is there any way she loses right to deduct from the deposit?).
A. Generally, unless time is made of the essence (that the 60 days is a strict time provision essential to the terms of the contract), the answer is no. Sometimes more time is needed to repair damage caused to the apartment, allowing the landlord to properly calculate the reduction in security.
Mike.
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