I am a New York resident and my lease expired Aug. 31st. If you don’t renew your lease then you become a month-to-month resident. They raised my rent $100 (I was barely able to pay the rent before that not to mention I also pay for cold/hot water, gas and heat).
I went to my management company the week of the Aug. 17th (can’t remember the exact date) to inform them of my intent to leave. They have recently undergone a huge transition of employees and there are a lot of new faces (some have worked for the company at different locations and some are brand new). I was informed by one of the employees that I had to give a 60 written notice to vacate once my lease expires. I counted 60 days from Aug 31st and I rounded it to the most convenient day for me to move which happened to be Sat. Nov. 1st and 60 days prior to that was Sept. 2nd so this is when I put my notice in.
I’m in college and my books ended up costing me $700 so I came to the conclusion that I would not be able to pay my rent for the month of September which is due the 5th.
I went back to the management company about 5 days ago to let them know my dilemma and to inform them that I could not stay all the way til Nov. 1st or I would be in the poor house. I was then informed that someone had given me the wrong information and that I was only required to give 30 days notice and I did not have to wait until the lease expired to do so. So this person ended up costing me about 10 days more of staying here and paying rent because I am responsible for rent up until Oct. 2nd and if I had put in the notice on the day I originally went to them then I would’ve only been responsible up until maybe the Sept. 20th.
I asked if they could apply my security deposit toward my rent for Sept and I would pay any difference as well as any late fees and I would be leaving 11 days sooner than I had to on the 21st. They were unwilling to work with me and threatened me with eviction.
I called back today to touch base with them and to let them know that I intend to leave next Sun. and they are still threatening to evict me and to charge me legal fees. I think this is ridiculous considering eviction can take a few months and I will be out of here in a week.
My question is:
(1) should I call their bluff, I mean do you really think they are going to start the eviction process knowing that I’m leaving in a week?
(2) In the event that they do start the process will this go on my record considering it will not be completed because I will be gone way before?
4 Comments for Should I Pay The Rent Or Not???
amberowl | February 19, 2010 at 12:07 pm
n2mama | February 19, 2010 at 3:16 pm
I don’t know New York law, so I will assume the above poster is correct about it being illegal to use security deposit for rent there. Even if it is not illegal, most landlords will not do that since they then have no choice but to take you to court over any damages or cleaning required when you leave. If you’ve been there for three years, I can’t imagine you would get 100% of your deposit back, just due to things they will decide need to be cleaned or repainted or whatever. If you didn’t pay rent for September, they can get a judgement against you, it’s that simple. And yes, if they do an eviction and take you to court, it will end up on your record if they win. When you switched to a month-to-month lease, that changed what the requirements for leaving were. It was your responsibility to know that on a month-to-month lease 30 days notice is all that’s required. So yes, you are expected to know that at the point you decided not to renew your lease.
reservatol | February 19, 2010 at 5:44 pm
You should have told them you couldn’t pay the rent increase, and that you would continue paying the rent without the increase. and give them a written notice. This would show that you weren’t just trying to stick them for the rent. You have control of the amount of water gas and heat you use.
Then you make the decision to buy school books over paying for a place to live. OK, living on a park bench studying for school was your choice. They see it as you can’t afford to pay your rent, even without the increase…how many times were you late?
First they would rather you move. They don’t want someone living there and not paying rent.
Second they are a business. They are there to make money, not provide a free place to live. They pay taxes to the governments to provide for free housing.
Third they are starting the process as a course of business. You didn’t pay the rent for September as you agreed, so they instantly start the process. It is not a bluff. If a person can’t pay their rent, they may have trouble finding a new place and stay longer. So they start the process.
You are responsible for the choices you make. Nothing says it is easy, you need to do the right thing. When you get your education and possibly invest in income property, you will see their point of view.
You can take the victim point of view, or you can work hard to improve your situation as most successful before you have done.. Cut back on expenses, work overtime…Do you have a cellphone? extended cable, a new home entertainment system, a more expensive car than you need? Do you buy DVD or Blueray…
Many times we get in a situation that could have been foreseen. I bet you knew ahead of time the school books would cost you a few hundred dollars.
Yes you should pay the rent.
Good luck in school
reenzz | February 19, 2010 at 10:51 pm
In New York State is illegal to use your security deposit as rent. They will start the eviction process if only to obtain a judgment against you for failure to pay rent. The judgment will include late fee, court costs, attorney fee & filing fees. The judgment will go on your record and remain their for up to 10 years..20 if they renew the judgment.
The can garnish your salary, attach your bank accounts, seize your iRS returns and place a lien on any property you may own (home/car).
To you really want to dodge them for the next 20 years.
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You need to go to your management company and insist on seeing someone senior. Explain the problems to them and see what they say. This may help and cannot make the situation worse. Failing this you need to check your lease or rental agreement carefully to see what your rights are and possibly seek legal advice.
It would be pointless of them to start eviction proceedings if you have left or are leaving but they can still take action against you to recover any money they feel you owe. This is what you need to sort out with them asap.