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willow39 · Mar 4, 2011, 12:42 PM

I am tenant of a single family home in NYS. My family and I have decided to move from our current residence after three years because our landlord has failed to keep up her home. When we first moved in 3 yrs ago the landlord stated that the old carpet would be replaced and painting would be done. We have asked several times over the years and it has never been taken care of. Also the landlord starts home projects like the outside yard stating that they would be planting new shrubs only to have a truck full of dirt dropped on the property. Inside there are several other things wrong that have been brought to their attention to no avail. Our lease ends this month and we would like to live out our security because she has failed to inform us the name and address of bank where are deposit is located. Are all these things a breach of contract? If so what is the best way to inform her that the lease has been breached and we are living out security? We have given both written and verbal notification to her that we are moving out at the end of term

ballengerb1 · Mar 4, 2011, 01:24 PM

I can't say it's a breach of your lease because I have not read your lease. Are you asking if she breached because of the things she did or did not do or are you asking if " live out our security " is a reach? Not paying last months rent would be a breach of most leases. That is a security deposit which is used AFTER the lease ends to pay for any damages. You can not use this as rent since it would deplete the security the LL is entitled to. Does your lease call for you to give a 30 day or 60 day notice you are not renewing? Many do.

willow39 · Mar 4, 2011, 08:10 PM

Hi Ballengerb1... I would like to know if my LL has breached the lease. I have already given written notice as well as verbal notice regarding moveout and non-rewnewal due to poor conditions and repairs not done. My lease ends this month. I have not been given any information in the last three years regarding where my security deposit is and in NYS this info must be given to the tenant and it is supposed be in an interest bearing acct... I suspect that she spent it already which is another reason why I want to live it out.

ballengerb1 · Mar 5, 2011, 07:47 AM

What you suspect would not constitute a breach. When the time comes for a refund you will see if everything is one the up and up but the lease is over then. Paragraph 3 NYC Rent Guidelines Board Does your LL have 6 or more buildings?

excon · Mar 5, 2011, 08:15 AM

Originally Posted by willow39

I would like to know if my LL has breached the lease.

Hello w:

It appears that you're only interested in whether the landlord broke the lease when you're moving out and you want to live out the deposit... I make that suggestion, because IF the landlord broke the lease earlier, it didn't seem to bother you then. You stayed. You didn't DEMAND she do XX because the lease requires it.. You did NOTHING, as far as I can tell. Oh, I know you didn't like it. But you DID nothing, and that's the key here. There's a notion in the law, that basically says that if you don't seek to have your rights enforced WHEN they are violated, you essentially WAIVE them.

I also wonder why you think HER breach allows you to live out your deposit. Clearly, your lease doesn't allow for that, and neither does your state law. If you're as concerned about the law as you indicate, pay your last months rent, and wait for the legally mandated time for her to send your deposit back WITH the proper documentation as to where the money was spent.. If she misses the deadline by ONE day, sue her in small claims court. Depending on where you live, you could get THREE times your deposit back.

excon

ScottGem · Mar 5, 2011, 09:06 AM

First, the landlord did not breach the lease by not informing you of where the deposit is located. The requirement to deposit the Security in a bank is applicable only to buildings with 6 or more units. You stated this was a single family home.

At NO time can a tenant decide how to use the Security Deposit. It is up to the landlord how to use it and only after the tenancy has ended.

While the LL may not have fulfilled unwritten promises or failed to make needed repairs this would constitute a breach only if you followed certain rules for reporting it. These things could allow you to get out of a lease before its expiration, but I'm gathering the lease is expiring or you are on a month to month basis so that issue is moot.

So you need to pay your last month's rent and hope to get the deposit back.