Legal Question in Landlord & Tenant Law in New York

Unreturned Security for a no lease basement apt

I paid a security deposit ($700) and one month's rent ($700) at the beginning of the month I first moved into a Queens, NY (NYC) basement apartment. There was no lease signed and the apartment was in the basement of the landlord's two family home. I only gave 2 weeks notice of my leave. I lived there for two months and decided I would relocate to another state. The apartment was left in the same condition, with a few furniture items left behind. The landlord verbally refused to refund my security stating 1) he was not given an early notice 2) Giving back the security would hinder plans with his money matters.

What are my rights, if any, to the security deposit?

Are there any issues about the apartment being in a basement of a new york city two family home that may not meet the standards for a proper dwelling?

Without a lease, it is month-to-month...all I need to do is give back the key and expect my deposit refunded??

Thank you in advance for help.


Asked on 10/20/03, 2:21 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Unreturned Security for a no lease basement apt

You may have issues with the legality of the apartment, it sounds like it was probably illegal. You may also have an issue with the 2 weeks notice. A month to month rental requires a full month's notice. The landlord's money plans however, don't eneter into the equation.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 10/20/03, 3:46 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Unreturned Security for a no lease basement apt

This is a difficult situation. It is always hard to rent in the same building as your landlord.

On the one hand, you are required to give 30 days (4 weeks notice) to the landlord on a rental like this. However, he must start trying to rent immediately or lose the right to 30 days notice (this is complicated- the landlord must help try to protect YOUR money by finding a new tenant to take over immediately. If he doesn't, he must 'cover' your loss - in this case he can't keep your deposit ).

On the other hand, since the apt was 'illegal', the landlord must refund all of your money with no notice.

I recommend a trade - you accept 350 + 1/2 of the disputed other 350 (175) for a total of 525. Let him write you 2 checks - 1 for now, and the 2nd dated for 30 days. And remind him that if the check is no good you discussed the matter with a lawyer who will refer the matter to the police - writing a bad check is a crime.

Compromise is your best option because of the fact that you are leaving the area. Your other option is to hire a lawyer and take him to small claims court. I would handle such a case for 250 dollars.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 10/20/03, 4:04 pm


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