Legal Question in Real Estate Law in New York

Refund of deposit at end of lease term

I rented an apartment in a legal two family home. At the time of rental, I signed a one year lease, terminating on January 31, 2002. I read the lease document and it is not stated anywhere in the lease that prior notice be given when leaving the residence, it simply states that the lease and all it's obligations terminate on January 31, 2002. On January 15, 2002, I notified my landlord that I would indeed be vacating the premises at the end of my lease. I allowed him to show the apartment during the last 2 weeks that I resided there, and was told that it would not be a problem to receive my deposit back on the day I was scheduled to move out. I vacated the premises on January 31, 2002, as stated, however, my landlord will not refund my deposit due to the fact that I did not give him 30 days notice that I was moving. I advised him that it is not stated anywhere in my lease that I must give any notice, yet he will not refund my money. He stated that it is implied by law that I will give 30 days notice, even if it is not stated in the lease. Is he correct that it is implied by law that I must give 30 days notice, even when the lease does not state so, and it is stated that the lease terminated on the day I moved out?


Asked on 3/04/02, 4:06 pm

1 Answer from Attorneys
Timothy Violette Law Office of Timothy P. Violette

Re: Refund of deposit at end of lease term

In essence, if there's a lease in a 2 unit building, the terms of the lease are followed. For cases worth less than $3,000, one can file a case in Small claims Court.

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Answered on 3/04/02, 4:13 pm


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