I have tenants that were to renew or end there lease by July. They were given the new lease agreement june 1st so that i would have time as well as them to prepare if they decided to move on. They have just now notified me on july 12th that they are moving. On july 1st they had asked if they could go month to month and i agreed. they paid july's rent. now they want a refund of there rent as they have already paid there last months rent upon agreement of the first lease back in january. I asked them to stay till the end of august to use there last months rent. they refused and demanded there refund and there security deposit back. What can i do legally i am in western ny
Related posts:
3 responses so far ↓
1 Harry // Jul 20, 2008
Well legally you must pay them the security deposit and the rent back as you are the one who agreed on the month to month thingy. You are asking me what you can do legally? You will only waste more money with lawyers and go through hell. My advice is give them their deposit at the end of July and you post an ad and look for other tenants.
2 Trouble // Jul 20, 2008
Month to month tenancies require a one month written notice to terminate.
Notice on July 12 goes into effect on August 1st. They are liable for the rent for the full month of August.
Legally, you refund nothing until after they have moved out.
Legally, you apply the last month's rent for August.
Once they move out you assess the damages and deduct the cost for any repairs needed, beyond normal wear and tear from the security deposit.
Within 30 days of them moving out, you send an accounting of their deposit and any refund due to the forwarding address that they provide. You copy the accounting letter, keep a copy for your records, send them the original via certified mail, return receipt requested so that you have proof of the mailing.
3 reenzz // Jul 20, 2008
"Trouble" is right. Your tenants failed to give proper notice as outlined in NYS landlord/tenant laws. Your tenants are responsible for rent until Aug. 31st.
Leave a Comment