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security deposit back with only a 7 day written notice

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time24go

Junior Member
What is the name of your state? NY

I’m a Landlord with a duplex which had Tenants in one unit move out with only a (7) day written notice. This particular circumstance began like this. The Tenants lease was yearly going from Nov. to Nov. Since they did not give any indication of leaving at the end of September, I prepared the exact same lease for them to review and sign. I proceeded to send out a large manila envelope addressed for them in the mail with a nice letter explaining no changes were made and where to sign with post-it notes; however not certified. Big mistake and lesson learned. They should have received it in mid October. I figured that I would give them time to look it over, have it signed and returned to me by the end of October. First week in November comes and nothing! They were OK Tenants, always paid on time though, and never had many problems – not much more than typical repairs and things of that nature. So I gave them to the 2nd week. Their November rent arrived at first weeks end. So I went there and asked if they had the lease and what was the delay. Well they said they never got one. So I explained that they should have received it in the mail in that large manila envelope in mid October. They said they never got it. That’s strange; I didn’t receive it back from the post office. They proceeded to tell me how the post office must have lost it and how other mail has been lost before. Hmm, seems like a convenient answer to me. I explained that no changes have been made and would get them a new one. Since now I was untrusting of them, I wanted to personally hand it to them and wait for them to sign. I tried going over there twice thereafter to catch them but was unsuccessful. Now December was upon us. They hymned and hawed and said the other Tenants were noisy, and that they were not going to sign the lease. They paid for Jan. rent though. Then I received a (30) day written notice postmarked Jan.23rd on Jan. 24th. Told them they needed to pay me prorated 23 days for Feb. rent then, in that case but they never paid. They never scheduled a move-out checklist with me and were gone by Feb 2nd. They put the apt. keys in my primary home address mailbox in an envelope with their forwarding information on Feb. 6th. Then threaten if the security deposit is not received by Feb.15th that we are going to small claims. Sure enough they filed on Feb. 15th. There were some damages to the apt. approximately $150.00 to an appliance, a room that they never finished painting (not sure what to charge them for 4hrs painting time.) and cleaning – it was FILTHY (16hrs.worth @ $10/ man hr. according to my lease.) Surely NOT the way I gave it to them. – I have pictures.

So what happens now then? This is my first time I’ve had to deal with this. Also, is there anything I need to do to protect myself and my rights?What is the name of your state?
 


acmb05

Senior Member
time24go said:
What is the name of your state? NY

I’m a Landlord with a duplex which had Tenants in one unit move out with only a (7) day written notice. This particular circumstance began like this. The Tenants lease was yearly going from Nov. to Nov. Since they did not give any indication of leaving at the end of September, I prepared the exact same lease for them to review and sign. I proceeded to send out a large manila envelope addressed for them in the mail with a nice letter explaining no changes were made and where to sign with post-it notes; however not certified. Big mistake and lesson learned. They should have received it in mid October. I figured that I would give them time to look it over, have it signed and returned to me by the end of October. First week in November comes and nothing! They were OK Tenants, always paid on time though, and never had many problems – not much more than typical repairs and things of that nature. So I gave them to the 2nd week. Their November rent arrived at first weeks end. So I went there and asked if they had the lease and what was the delay. Well they said they never got one. So I explained that they should have received it in the mail in that large manila envelope in mid October. They said they never got it. That’s strange; I didn’t receive it back from the post office. They proceeded to tell me how the post office must have lost it and how other mail has been lost before. Hmm, seems like a convenient answer to me. I explained that no changes have been made and would get them a new one. Since now I was untrusting of them, I wanted to personally hand it to them and wait for them to sign. I tried going over there twice thereafter to catch them but was unsuccessful. Now December was upon us. They hymned and hawed and said the other Tenants were noisy, and that they were not going to sign the lease. They paid for Jan. rent though. Then I received a (30) day written notice postmarked Jan.23rd on Jan. 24th. Told them they needed to pay me prorated 23 days for Feb. rent then, in that case but they never paid. They never scheduled a move-out checklist with me and were gone by Feb 2nd. They put the apt. keys in my primary home address mailbox in an envelope with their forwarding information on Feb. 6th. Then threaten if the security deposit is not received by Feb.15th that we are going to small claims. Sure enough they filed on Feb. 15th. There were some damages to the apt. approximately $150.00 to an appliance, a room that they never finished painting (not sure what to charge them for 4hrs painting time.) and cleaning – it was FILTHY (16hrs.worth @ $10/ man hr. according to my lease.) Surely NOT the way I gave it to them. – I have pictures.

So what happens now then? This is my first time I’ve had to deal with this. Also, is there anything I need to do to protect myself and my rights?What is the name of your state?

You can make sure you have your written notice from them stating when they were moving out. Then file a counterclaim for the rent you are out from them not giving you proper notice. You do not need to prorate the rent for February unless you rent it out before the end of the month.

You also need to get them a letter sent out with the damage estimates. Send it CRRR to thier new address. You must do this in a certain period of time or they are entitled to thier full deposit back.
 

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